You have a potential legal malpractice case. You should contact a local attorney who handles these matters as soon as possible. You can also go to the attorney registration and disciplinary Commission's website to determine whether or not your attorney carried malpractice insurance. Too busy filing date is not necessarily malpractice that your attorney would be liable to you for the amount of your loss.
Legal malpractice cases are difficult and are often called a case within a case because you need to be able to prove by a preponderance of the evidence that you would have prevailed in the underlying action to be able to prove that you have any damages as a result of what you alleged to have been the attorney's negligence.
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It is hard to know at this point, as to how, if at all, you are damaged by the denial of your amended complaint. The bigger issue is whether you and your attorney can continue to work together. That is for you to decide. You can always discharge your attorney, if necessary. Good luck.
I agree you may have a legal malpractice claim. However, something to keep in mind about such cases is that not only must you prove malpractice, you must also prove your underlying claim.
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This is unfortunate. You have a potential legal malpractice case against your lawyer, as the case is now dismissed. Find a good lawyer who handles personal injury. Legal mal cases are a case within a case--you prove the lawyer committed malpractice AND the merits of your case had it still been viable. He will (or already has) reported it to his malpractice insurer. Many of us would be happy to talk to you and explain the process.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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Without knowing more facts, it is impossible to say. There may be Motions that can be field. Perhaps an appeal? Perhaps if nothing can be done within your case, a malpractice case against the attorney might be worth pursuing. Bottom line is that you need to have an attorney review the file. You need to do this Immediately as filings have deadlines ( as you know).
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This sounds like legal malpractice. You should consult an attorney about making a claim against this attorney. Also, you should file a complaint against him with the Illinois Attorney Registration and Disciplinary Commission. I will attach a link to their website.
If the statute of limitations has not expired (tolled) and the case was not permanently dismissed forever with no right to re-file (prejudice), you can hire a new lawyer to represent you and refile the lawsuit.. Also, you may have to arrange to file a notice of appeal to protect your malpractice claim. Hope it all goes well. Better hire a new lawyer today!
The earlier answers you have been provided are on point regarding a legal malpractice claim. To the extent it is not clear, you should speak with someone immediately to fully protect your interests. You may be required to pursue any opportunities that may exist in your original case, if any, otherwise the failure to try may work against you. From your description, there may not be any such opportunities, but that would be for an attorney to consider in the context of having the background and considering the malpractice claim. Do not make the error of a random choice for an attorney.
The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.
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