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I sued a pharmaceutical company and settled out of court. My attorney settled for too little money
Can I sue for malpractice?
What are my options?
Several months after I settled, my attorney told me that the reason my case was not worth more money was because my father continued taking the medication for years after the warning was added. This is clearly an error on his part in not understanding the facts of my case.
There are several cases regarding this same medication that received substantially greater settlements.
I hired my attorney to help me make the best decision possible. I acted on his advice and accepted a smaller settlement. His advice was based on incorrect facts about my case. He also negotiated a settlement which was smaller than it should have been because the negotiations were based on incorrect facts about my case. In short, I hired an attorney to perform a service and he delivered a subpar product.Again, YOU had the option of rejecting the settlement, but you accepted it.
I hired my attorney to help me make the best decision possible. I acted on his advice and accepted a smaller settlement. His advice was based on incorrect facts about my case. He also negotiated a settlement which was smaller than it should have been because the negotiations were based on incorrect facts about my case. In short, I hired an attorney to perform a service and he delivered a subpar product.
As I wrote previously:
If your theory is that your attorney's advice regarding settlement was based on a mistake by the attorney about an important fact -- which mistake was unknown to you -- about which the attorney should not have been mistaken, you will have an incredibly difficult fight on your hand. You will have to prove that, had the attorney not been mistaken about the date when your father stopped taking the medication, he would have advised you differently regarding settlement and that, as a result, you either would have been able to negotiate a larger settlement or would have recovered more at trial. Proving that the opposing party would have paid a larger settlement or that you'd have gotten more in a trial will be an expensive and almost impossible burden.
You're free to consult with a local malpractice attorney who can review the details of the underlying case and provide you with reliable advice.
Please don't repost previously posted material. I heard you the first time you posted this. This thread is open to anyone who wants to post, not just you. If you don't have anything new to add, then don't post.
Is there anyone here with any actual legal training who can offer legal advice?
Is there anyone here with any actual legal training who can offer legal advice?
If you say so.You have received actual legal information from at least two actual attorneys. That what they told you is not what you wanted to hear does not make the information incorrect.