February 24, 2025
Categories: Legal Malpractice
Losing a case at trial is frustrating, and it’s natural to wonder whether your attorney made mistakes that cost you the outcome. Many people begin searching for Tampa legal malpractice attorneys, believing a loss alone must mean something went wrong. In reality, an unfavorable verdict does not automatically imply your lawyer committed malpractice.
The truth is that an attorney can do everything correctly and still lose a case. Even when mistakes occur—and lawyers are human—those errors alone are not enough to support a legal malpractice claim under Florida law.
Proving legal malpractice is complex and requires more than showing dissatisfaction with the outcome. You must demonstrate that your lawyer failed to use the same level of skill, care, and diligence that another reasonably competent attorney would have used under similar circumstances.
Specifically, Florida law requires proof of four elements:
Without all four elements, duty, breach, causation, and damages, you cannot succeed, even with the best Tampa legal malpractice lawyers. Most importantly, you must show that you would have won the underlying case if the attorney had not acted negligently.
A bad outcome alone does not necessarily equate to malpractice. Courts recognize that litigation is unpredictable, witnesses can be unreliable, and judges or juries may rule in unexpected ways. Legal malpractice claims focus on whether the attorney made unreasonable errors, rather than whether the case was ultimately lost.
That said, certain attorney conduct does rise to the level of negligence. If you suspect your lawyer’s actions—or inaction—caused you measurable harm, consulting a legal malpractice attorney in Tampa is often worthwhile.
Some types of attorney errors are more likely to support a malpractice claim, including:
This can include failing to file critical motions, missing deadlines, mishandling evidence, or failing to disclose a conflict of interest. Serious courtroom mismanagement that affects the outcome may qualify as negligence.
In Florida, appeals generally must be filed within 30 days of the final order. Missing this deadline can permanently eliminate your right to appellate review.
If an attorney fails to file your lawsuit before the legal deadline expires, you may lose your right to pursue compensation entirely.
Legal malpractice may occur when an attorney does not adequately research the law, investigate facts, or consult appropriate experts needed to support your claim.
Errors in preparing property deeds can invalidate a sale or cause serious problems in future transactions, resulting in financial loss.
Negligence can arise when a real estate attorney fails to identify zoning restrictions, title defects, or ownership issues that affect property use or value.
If an attorney assists with a land purchase but fails to inform you of restrictions that limit development or intended use, significant damages can result.
Inconsistent zoning, unauthorized sellers, missing legal descriptions, or mishandled escrow funds may stem from attorney negligence.
Poorly drafted wills can lead to confusion, litigation, and family disputes after a loved one’s death.
Errors in trusts or estate planning documents can invalidate an individual’s intent and expose beneficiaries to unnecessary taxes or delays.
This may occur when an attorney settles without consent, fails to explain options, or withholds material information about costs, liens, or medical bills.
Failing to disclose active-duty status or comply with federal protections can significantly affect divorce proceedings and outcomes.
Negligence may arise when an attorney fails to identify reversible errors that should have been raised on appeal.
Florida medical malpractice cases require strict pre-suit procedures, including expert review and formal notice. Failure to follow these steps can destroy an otherwise valid claim.
Athletes and entertainers may suffer significant losses when attorneys fail to protect their contracts, endorsements, or financial interests effectively.
Legal malpractice can arise in many practice areas, but not all personal injury firms accept these cases. Wagner, McLaughlin & Whittemore do, because we believe attorneys should be held to the same professional standards as doctors and other licensed professionals.
Our attorneys carefully evaluate each potential legal malpractice claim to determine whether negligence occurred and whether it caused recoverable harm. From your first consultation, you will speak directly with a lawyer—not just support staff.
If your case proceeds, our team of attorneys, paralegals, legal assistants, and investigators collaborates to gather evidence, track deadlines, and pursue accountability aggressively.
If you believe attorney negligence caused you to lose a case, Wagner, McLaughlin & Whittemore is prepared to help you determine your legal options.
Complete our online form or call us at 813-225-4000 to schedule your free consultation today.
