Legal Question in Legal Malpractice in New York

Can anything be done?

In 1985, I was in an accident as a child. I was hit by a bus. The outcome: we settled for $500,000.00. The settlement had a stipulation stating that if medical bills related to the accident occurred, there would be $100,000.00 available for those bills. Fast-forward to present. I have been undergoing fertility treatments which are very costly. It has come to my attention that the anti-seizure medication that I took because of the accident as well as my seizures may have contributed to my infertility. I wanted to use the money that was set aside for dr bills. My copy of the settlement agreement was lost to a flood. When I phoned the attorney's office to get a copy from them, I was told they only keep records for seven years. I was told to go to the county clerk�s office for a copy. When I did, the person who pulls the files looked up the case and found a record of it in a log book, so she went into the back to pull the file. She came back with an empty folder. I was told the attorney purchased an index number but never filed the case with the court after the settlement. This means there is no record of what happened other than there was a case. Was there neglegence or is not filing the settlement not a requirement?


Asked on 1/02/06, 11:58 am

1 Answer from Attorneys

Re: Can anything be done?

Your attorney only had to keep the file for 7 years and there is no obligation to file a settlement agreement in court, although there should be an infant compromise order. It is possible the court lost its file. I suggest finding out who the defense lawyers were and see if they still have their file in storage of it the insurance company has its file. Hopefully you can find the document you need in one of these two places. Good luck.

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Answered on 1/02/06, 12:48 pm


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