Filing a legal malpractice claim in Pennsylvania is not a decision anyone expects to make. When you hire an attorney you trust them to protect your rights and guide you through complex issues. If an error or failure causes you harm the consequences can be devastating. Pennsylvania law gives you the right to seek recovery when attorney negligence has damaged your case. This guide explains the process in detail so you understand the steps involved.
What Legal Malpractice Means in Pennsylvania 
Legal malpractice occurs when an attorney fails to provide services with the skill and care expected of a competent professional and that failure directly causes harm. In Pennsylvania this does not mean every mistake qualifies. You must show that your lawyer owed you a duty of care that the duty was breached and that the breach caused measurable losses. Common examples include missing critical deadlines such as statutes of limitations filing the wrong paperwork giving incorrect advice or failing to prepare for court. Conflicts of interest can also form the basis of malpractice if they compromise your representation.
The Importance of Reviewing Your Case
The first step in considering a malpractice claim is taking a close look at your original matter. Ask yourself what went wrong. Did your attorney miss an important deadline? Did they fail to raise key arguments that could have protected you? Did they mishandle settlement negotiations These questions help you identify whether the issue may rise to the level of malpractice. Many cases that appear unfavorable may simply involve bad luck or difficult facts. That is why it is essential to separate an unfortunate outcome from attorney negligence.
Gathering Records and Documentation
A strong malpractice case depends on evidence. Start collecting every document related to your original legal matter and your relationship with the attorney. This includes contracts emails, billing records, court filings letters and notes from meetings. These materials create the timeline of events and show how the attorney’s actions or inactions affected your case. Without these documents it can be extremely difficult to prove malpractice.
Professionalism is the Word
I highly Recommend Gibson & Perkins. I have used their services for approximately 6 years now and been through a few cases together with very positive outcomes. Personally, I have used Paul Fellman and Walter Timby on those occasions. Both, as a team & separately these Attorneys were wonderful to work with and easily accessible to reach if I had any questions. Professionalism is the word that comes to mind to describe the firm, as a whole. Always completely prepared for any surprises that may pop up during a trial. They were well versed on all pertinent info pertaining to each case. As I client, I always felt I was an integral part of the team, not an after-thought, that had to be brought up to speed a half hour before the trial started. I could not recommend this firm and Mr. Fellman and Mr. Timby any higher.
Very Satisfied
I hired Paul Fellman after speeking to several different lawyers from different law firms because he was the most sincere. Paul did an excellent job on my landlord tenant issue I had on my rental property. He was there for me from the beginning to the end of the whole ordeal. I was very satisfied and I highly recommend him and his firm.
Seeking an Independent Legal Opinion
Because malpractice is a complex area of law it is important to have another lawyer review what happened. An experienced Pennsylvania malpractice attorney can evaluate the facts and determine whether your previous lawyer’s conduct fell below professional standards. Gibson & Perkins PC regularly advises clients on these situations and can help you decide if you have grounds to move forward. Having a knowledgeable advocate ensures you are not misinterpreting a simple legal setback as malpractice.
Establishing Causation and Damages
Even if your lawyer made a mistake you must show that the mistake directly caused harm. Pennsylvania courts require proof that you would have obtained a better outcome if not for your attorney’s error. This is sometimes called proving a case within a case. For example if your lawyer failed to file a personal injury lawsuit before the statute of limitations expired you must show that the underlying injury case had merit and that you lost the ability to recover compensation because of the missed deadline. Damages may include lost financial recovery, additional expenses or other measurable losses.
Filing the Malpractice Complaint
If the review confirms malpractice your next step is filing a complaint in the appropriate Pennsylvania court. The complaint must clearly outline the attorney-client relationship the duty owed the breach of duty and the damages suffered. Once filed the defendant attorney will be served and litigation will begin. The process includes discovery where both sides exchange evidence depositions of witnesses and expert testimony. In many cases settlement discussions occur along the way. Litigation can be lengthy and demanding but it is the path to seeking justice when professional negligence has harmed you.
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Understanding the Time Limits
Pennsylvania sets strict deadlines for malpractice claims. Generally you have two years from the date you discovered or reasonably should have discovered the malpractice to file your lawsuit. This is called the statute of limitations. Missing this deadline can prevent you from ever bringing a claim regardless of the strength of your case. Because of these limits it is vital to consult with a malpractice attorney as soon as you suspect something went wrong.
Challenges Unique to Malpractice Cases
Legal malpractice claims are not simple lawsuits. They require proving that your lawyer failed to meet professional standards and also that you would have succeeded in your original case. This double burden makes these cases complex. Courts must essentially review two matters at once. You need evidence and often expert testimony to explain how the attorney’s actions deviated from accepted practice. These challenges underline why it is so important to work with a firm experienced in this specific area of law.
How Gibson and Perkins PC Supports Clients
When you pursue a malpractice claim you are often doing so after a deeply disappointing legal experience. Trust has already been broken and the idea of working with another attorney may feel daunting. Gibson and Perkins PC understands this and works with clients across Delaware County Philadelphia and throughout Pennsylvania to rebuild confidence. The firm has decades of experience handling malpractice matters. They take the time to review your documents, explain your options and stand beside you in pursuing accountability.
Taking Action Without Delay
Time matters in malpractice cases. Every day that passes can make gathering evidence more difficult. Memories fade, documents get misplaced and the statute of limitations continues to run. Acting quickly helps preserve your ability to hold a negligent attorney responsible. Do not assume that waiting will make your case stronger. The opposite is usually true.
If you believe you were harmed by attorney negligence you do not have to face the process alone. Contact Gibson and Perkins PC today at (610) 565-1708 to discuss your potential claim. The firm is proud to represent clients in Delaware County Philadelphia and across Pennsylvania with the knowledge and dedication required in legal malpractice cases.