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The average claim cost is $160,000, but the median price of a malpractice claim is much higher at $237,500. Keep in mind that these are only averages. Settlements for a legal malpractice case can meet or even exceed the range of $1,000,000.
The Law of Legal Malpractice. To prove legal malpractice you must establish the following four elements: (1) duty, (2) breach, (3) causation, and (4) harm. These are the basic elements for most torts in California.
Attorneys may purchase policies with coverage limits as high as $10 million. The average legal malpractice settlement or verdict is nearing $300,000. If your attorney costs you money, they can be liable to pay for it. The last thing that they want is for you to go after their personal assets.
The portion of the award that goes to the lawyer can vary, but the most common contingency fee is 33 percent of the award or settlement.
Draft your letter. Your contact information, so your attorney can get in touch with you. Also, you should request a response from the attorney within a specified period of time. A clear statement of your complaint. An easily understood statement of facts that back up your complaint. A request for relief.
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Unfortunately, it is very hard to win a malpractice case. Malpractice means that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar circumstances.
The damages in a legal malpractice case are usually the economic difference between what the client would have received if the underlying matter had been handled non-negligently, and what the client actually got.
A plaintiff in a legal malpractice claim must prove the following elements: (1) that there is duty owed to the plaintiff by the defendant; (2) that the duty was breached; (3) that the breach proximately caused the plaintiff injury; and (4) that damages occurred. Cosgrove v. Grimes, 774 S.W. 2d at 665.

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