Legal Question in Legal Malpractice in Florida

i live in florida; i was involved in a car accident; the car was hit on drivers side; the driver was basically unharmed; i the passenger suffered severe injuries to my face by the passenger air bag deployment; both driver and passenger bags deployed; i hired an atty to sue the drivers and to sue lexus for defective airbag; the insurance company settled with the drivers, however, my lawyer did not retain the car and airbag and it is now destroyed; i want to sue him for malpractice; can i do this without first having to sue lexus or having to name them as defendants; the case would sound in legal malpractice, breach of fiduciary duty, and spoliation. Thanks


Asked on 8/21/12, 7:10 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Without more facts it is hard to decide the answer. I would say you have to exhaust your claims against the potential defendants first before you can make the malpractice claim. Seek legal help as soon as possible to discuss the matter in detail,

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Answered on 8/21/12, 7:27 am
Angelo Marino Angelo Marino Jr. PA

Unless you have very serious injuries, claims against manufacturors for faulty airbags is very, very expensive to pursue. Your case has to have a value, in my opinion, a least $1 million to make it worth while to pursue. Having said that, if you contact me, I will refer you to a lawyer who handles legal malpractice.

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Answered on 8/21/12, 8:27 am


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