Professional malpractice can have far-reaching consequences. You pay professionals for their services because you want the job done right. When a professional violates your trust with negligent work or lack of due care, the financial consequences can be severe
Professionals are bound by standards of conduct and required to perform in accordance with those standards at all times. When sound practices are not followed and damages occur as a result, you may be able to recover your losses through a malpractice claim.
The Business Trial Group has a history of helping clients recover losses in insurance, legal, engineering, accounting, and other malpractice lawsuits. We handle all cases on a contingency-fee basis, so you will not be charged any up-front legal fees, and we will not be paid unless and until we successfully resolve your case.
Below are some common types of malpractice lawsuits we handle:
All attorneys are required to adhere to their state’s Rules of Professional Conduct, a body of regulations that require, in broad terms, a thorough understanding of the law and a commitment to communicating it transparently and accurately to clients.
Attorney negligence and legal malpractice can occur in either a litigation or transactional context, and in all areas of the law, including personal injury, commercial litigation, land use, real estate, corporate, tax, probate and estate, and contract drafting.
Common types of legal malpractice are:
- Failure to account for important deadlines or requirements, such as the statute of limitations for the case.
- Errors that lead to a case being dismissed or lost.
- Conflicts-of-interest, such as representing opposing parties.
- Errors in drafting agreements or other legal documents.
- Misuse or theft of client resources.
- Failure to obtain client consent for any legal path or action.
- Failure to keep the client informed about essential case information.
When you go to a lawyer, you are often already in a vulnerable situation. You rely on the expertise and professional conduct of your attorney to help you navigate the legal system. Consequently, legal malpractice can have long-term repercussions for its victims.
In cases where a lawyer’s errors result in financial losses, it is important to talk to an experienced legal malpractice attorney as soon as possible.
Accountants are held to stringent professional standards. Certified Public Accountants (CPAs) need to follow a strict set of rules about professional conduct. When an accountant fails to abide by rules of the profession, he or she may be committing accounting malpractice.
During tax season, people rely on accountants more than at any other time of year. If an accountant mishandles a tax return or provides defective tax advice, the client can suffer serious consequences.
Accounting malpractice also often occurs when errors are made in audits or financial statements. If you relied on financial documents that were negligently prepared by an accountant, whether in making an investment or managing your business or personal finances, you may be able to recover your losses.
Accounting malpractice can occur in a multitude of different situations. Below are some common examples of accounting malpractice:
- Giving improper advice regarding tax, liability, or corporate restructuring
- Manipulating financial statements or incorrect reports to stockholders or partners
- Wrongful certification or failure to properly audit financial statements
- Improper maintenance of records and financial ledgers
- Failure to detect fraud and embezzlement
- Accountant overbilling or conflicts of interest
- Aiding tax evasion, fraud, or embezzlement
- Incorrect business evaluations
Anyone who may have experienced accounting malpractice should save all documents and statements that relate to their losses and contact an attorney as soon as possible in order to pursue a possible recovery.
Insurance Agent Malpractice
Choosing the right type of insurance is an incredibly important decision. Whether it is commercial, life, home, or catastrophe insurance, this type of protection is essential in helping individuals and businesses prepare themselves, their colleagues, or their families for the worst.
The insured have a growing variety of options when it comes to which coverage types are available, and which companies provide them. Insurance agents are there to help potential policyholders make wise and informed decisions.
Should an insurance agent provide guidance or make decisions that fall below their standard of care, that client may be able to pursue a claim for insurance agent malpractice.
Due to the complexity of the insurance market, with its ever-increasing variety of coverage and pricing combinations, businesses and individuals often rely on the advice of insurance agents and insurance brokers to select the proper policy.
The most common types of insurance agent and broker malpractice claims include:
- Failure to obtain the requested insurance coverage
- Selling inadequate or inappropriate coverage
- Failure to properly advise clients of coverage and exclusions
- Failure to account for changes in the insured’s circumstances
- Failure to send the signed insurance contract to the carrier
- Misrepresentations regarding the type, breadth, or amount of coverage
- Errors that lead to coverage being canceled or lapsing
- Selection of a policy that benefits the insurance company and not the policyholder
- Submission of inaccurate information on insurance forms and applications
- Failure to notify the insured of a notice of cancellation
Our attorneys are experienced at litigating a wide variety of cases regarding homeowners insurance, general liability insurance, life insurance, car insurance, and various kinds of policies. Both insurance agents and insurance brokers can be held liable under tort and contract theories for their malpractice.
How Long Do I Have to File a Malpractice Claim?
A statute of limitations is the length of time, usually starting from the discovery of the alleged error, or when you reasonably should have discovered the error, that you have to pursue legal action. Professional malpractice has a shortened statute of limitations.
Florida’s statute of limitations for filing a professional malpractice lawsuit is two years from the time the incident is, or should have been, recognized.
If you believe you have been damaged by the error of an attorney, accountant, insurance agent, or other professional, it is vital that you do not delay in contacting an attorney. If you wait too long, you may be time barred from recovering compensation for the harm you have suffered as a result of professional malpractice.
Skilled Representation for Your Malpractice Claim
The Business Trial Group can help you get back on track following an incident of professional malpractice. Our attorneys work with contacts in major industries to determine precisely how a professional’s conduct may have deviated from accepted standards. We also work closely with our client to determine every way in which the alleged malpractice caused economic harm.
With our contingency-fee model, you don’t have to worry about further investing in services that provide a negative return on investment. You pay us nothing until we win your case.