If an accident attorney at fault causes more stress than help, here’s what you need to know. Learn who pays, what to expect, and how to protect yourself.
Let me just say it—dealing with a car accident is hard enough.
But imagine having an attorney on your side who messes things up?
That’s even worse. You trust them to fight for you, and then you’re stuck wondering, “Now what?”
If you’re here, you’re probably trying to figure out what happens if your accident attorney is the one at fault.
Maybe they missed a deadline.
Maybe they didn’t file your paperwork right. Or maybe they just didn’t do their job well.
I’ve seen this happen, and I get how confusing and frustrating it can feel.
So, let’s talk about what this actually means, who ends up paying, and what steps you can take to protect yourself.
What Does Accident Attorney at Fault Even Mean?
This isn’t about your lawyer causing the car crash—let’s be clear. This is about your attorney doing something wrong while handling your case.
In legal terms, it’s called legal malpractice. That just means your lawyer didn’t do their job right, and it ended up hurting your case.
Here are some examples of how an attorney can be at fault:
- They miss important deadlines, like the statute of limitations
- They file the wrong documents, or don’t file anything at all
- They give you bad advice that leads to a smaller settlement—or none at all
- They don’t show up to court, or they come unprepared
If any of that sounds familiar, you’re not alone. It happens more than people think.
So… Who Pays for the Damage?
If your lawyer’s mistake caused you to lose your case or miss out on money, someone should pay for that.
But here’s the part that makes people angry—the insurance company or the person who hit you doesn’t pay for your lawyer’s mistake.
That’s on the lawyer.
Here’s how it works:
- The attorney’s malpractice insurance: Just like doctors have insurance for when they mess up, lawyers do too. If they mess up your case, their insurance should cover the money you lost.
- You may need to file a malpractice claim: This means you’d basically sue your lawyer. I know—suing the person you hired to help you feels messed up, but sometimes it’s the only way to make it right.
- It’s not automatic: You don’t just get paid because your lawyer made a mistake. You have to prove three things:
- They had a duty to help you
- They didn’t do their job properly
- Their mistake cost you money
When to Get a Second Opinion (Yes, Really)
If you even think your lawyer might be at fault, don’t just sit there hoping it gets better.
Talk to another lawyer and ask for a second opinion. Sometimes, a new set of eyes can spot the real issue fast.
I recommend looking for Boise Personal Injury Lawyers you can trust.
These folks know the local laws well and can help you figure out if your first attorney truly messed up or if things just didn’t go your way.
Boise Personal Injury Lawyers have handled situations like this before.
They’re not just for accident claims—they can also guide you when you’ve been wronged by another lawyer.
Pain Points People Face When an Attorney Messes Up
Let’s be real. When an attorney fails you, the pain goes deeper than just money. I’ve heard stories like:
- “I trusted them with everything, and now I have nothing to show for it.”
- “Because of their mistake, I can’t pay my medical bills.”
- “My case was thrown out, and nobody told me why until it was too late.”
These are not just small slip-ups. These are life-changing mistakes.
Here’s what hurts people the most:
- Wasted time: You waited months—maybe years—only to find out your case was never really going anywhere.
- Missed compensation: Medical bills, lost wages, pain—you were counting on that money.
- Emotional stress: The feeling of betrayal is real. You trusted someone who didn’t come through.
What to Do If You Think Your Lawyer Messed Up
Okay, now let’s talk about steps. If your accident attorney at fault caused you to lose your case or get less than you deserved, don’t panic—but don’t wait either.
Here’s what you can do:
1. Get your file
Ask your current lawyer for a full copy of your case file. You have a right to it, and it’ll help the next lawyer understand what went wrong.
2. Talk to a malpractice lawyer
You’ll need someone who handles legal malpractice claims. This isn’t the same as a car accident lawyer—it’s someone who sues bad lawyers.
3. Keep all your records
Emails, texts, letters, court dates—hold onto everything. These can be used to show how your lawyer dropped the ball.
4. Act fast
There are time limits (called statutes of limitation) for suing lawyers, just like any other case.
Don’t let time run out while you’re thinking about it.
Can You Still Win Your Injury Case?
It depends. If your lawyer’s mistake didn’t totally ruin your case, another attorney might still be able to help you win it.
But if the damage is done—like if you missed the deadline to file—then the only option might be to sue your lawyer for what you lost.
Let’s say you were in a crash, and your case was strong, but your attorney didn’t file it on time.
That’s 100% on them. You could’ve had a chance to win money for:
- Doctor visits
- Surgery costs
- Missed work
- Pain and suffering
And now? You get nothing because they were careless.
That’s why it’s important to speak with skilled Boise Injury Lawyers if you’re ever unsure about what your attorney is doing.
When You Should Look for New Help
Honestly, don’t wait until the damage is too big to fix. If your gut is telling you something’s off, listen to it.
Here are signs it’s time to switch lawyers:
- They don’t return your calls or emails
- You feel lost about your case status
- They make excuses all the time
- You’ve missed deadlines and didn’t even know it
Switching lawyers might sound scary, but staying with someone who isn’t doing their job is worse.
There are trustworthy Boise Accident Lawyers who take over messed-up cases and help clean things up.
Not all hope is lost—just don’t wait too long to act.
Why the Right Lawyer Makes All the Difference
Let me just say this—you deserve a lawyer who fights hard and keeps you in the loop.
Someone who knows the law in Idaho and cares about getting you what you deserve.
Look for a personal injury attorney Idaho folks trust. Check reviews. Ask around.
See if they’ve won similar cases before. And don’t be afraid to ask hard questions. This is your life, your money, and your future.
I also recommend checking out the American Bar Association if you want to learn more about your legal rights. It’s a solid source.
Real Talk Before We Wrap This Up
If you’ve been let down by an attorney, I’m truly sorry. You trusted them, and they dropped the ball.
That’s not fair to you, and it’s not something you just “move on” from.
The good news is you don’t have to stay stuck. Whether it’s working with Boise Car Accident Attorneys who care or holding your old lawyer accountable, there are steps you can take.
So yeah, dealing with an accident attorney at fault sucks. But you’re not powerless. And you’re definitely not alone.
One Last Thing…
If your attorney’s mistake cost you money, time, or peace of mind—say something.
Do something. The law should work for you, not against you.
Whether you reach out to Boise Injury Lawyers or another experienced legal team, take the next step. It’s okay to feel upset.
But don’t let that stop you from getting the help you deserve.
