- Personal InjuryThe classic example of this defense arises out of a personal injury case. Suppose your lawyer filed your lawsuit too late, and as a result, it was dismissed. Proving that the lawyer made the mistake is easy; he missed the deadline. Proving that the mistake caused damages requires that you prove you would have won the personal injury case had it been filed on time (and prove how much money you would have won). It is not uncommon for a lawyer who filed a lawsuit to later claim, in his defense, that the lawsuit was unwinnable, and thus the client is not entitled to recover in the legal malpractice claim.
- Medical MalpracticeGeorgia law requires that a complaint (the lawsuit) for professional negligence (legal malpractice, medical malpractice, etc.) be accompanied by an affidavit from an expert specifying at least one negligent act and the facts upon which the opinion by the expert is based.Expert testimony also is required at the trial of the case.
- Probate
- Bankruptcy
- Debt Collection