Legal Question in Personal Injury in Nebraska

Re: lawyer malpractice

Assuming that your attorney had adequate notice and time to prepare and file with the court a legal complaint on your behalf and failed to do so timely, you may have a malpractice claim against him.

A legal malpractice case is a little different creature than many other types of lawsuits. It requires that the underlying case (the one he failed to file) was meritorious and likely would have won. It also requires that the claim would have been collectible.

Before considering a malpractice suit against a lawyer we always consider whether the damages are significant enough to warrant bringing a lawsuit. There are no punitive damages in Nebraska and damages may not include pain and suffering caused by the attorney. I hope this answers some of your questions.