Legal Question in Personal Injury in Maryland

Possible re-filing of personal injury case

I was severely injured in 1999. My attorney filed a case in court, in Maryland, and never prepared for the trial. The case was dismissed via Summary Judgement.

The court of Special Appeals sustained the judgement citing the lack of preparedeness by my attorney.

I am involved in a possible Legal Malpractice case against my FORMER attorney.

My question:

Can My current attorney re-file the original case, since the case was thrown out because of incompetence?

I do not feel it is right that I should be punished because of the inaction of the attorney who ''represented'' me.

Thank you


Asked on 8/25/04, 10:39 am

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Possible re-filing of personal injury case

Sorry, the incompetence of your attorney doesn't extend the statute of limitations on your behalf, or give you a "second chance", if the dismissal of the original case was on the merits. That would be unfair to the defendant; otherwise, any unsuccessful plaintiff could claim attorney incompetence and try to relitigate cases. If you prevail in your malpractice case, you will theoretically be made whole, unless the attorney doesn't have a malpractice policy defending him. In that case, any judgment you obtain may be difficult to collect.

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Answered on 8/25/04, 11:00 am
Vivek Mapara Mapara Law Firm

Re: Possible re-filing of personal injury case

Sir,

An is a legal representative for his client before the court of law. Any act done by him on behalf of you is as good as done by you. So you cannot re-file that case. Since then there will be catinas of such litigation.

So the remedy you have is to file a suit on the ground of fraud or negligence on to your previous attorney for causing your case thrown out summarily and can claim the damages/compensation thereof.

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Answered on 8/25/04, 1:52 pm


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