Legal Question in Legal Malpractice in Kentucky
Is legal malpractice suit appropriate
I was represented by an attorney in a personal injury case against a hospital. A fall from a defective wheelchair resulted in DVTand permanent disabaility to include leg braces and coumadin therapy.
My attorney contacted me on June 23, 2003. He stated that he had ''malpraticed'' my case by misfiling my case, resulting in dismissal. Further, he failed to file the appropriate paperwork in the case's appeal resulting in dismissal of the appeal.
He stated he ''owed me some money for this'' and asked me to come to his office to discuss a settlement the next day (24 June, 2003).
Based on this information should I sue my attorney for malpractice or simply settle?
1 Answer from Attorneys
Re: Is legal malpractice suit appropriate
Do not settle with your former attorney without having your case reviewed by another counsel and determining what the value of your case truly is. Once you know the value of your underlying case, you can discuss settlement with your attorney or his malpractice insurance carrier, but under no circumstances should you go to this meeting without having another attorney represent you and do the negotiations. You need to find out who his insurance carrier is and put them on notice of a claim. Legal malpractice in Kentucky has a one year statute of limitations, so you also need to find out the exact date of the malpractice so that you don't miss the statute of limitations on the legal malpractice claim. Feel free to call with any questions. 859-491-5800.
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