Legal Question in Legal Malpractice in New York
my attorney was ineffective if not negligent in handling my case, so now the statute of limitations has expired.
what can i do ?
thank you.
3 Answers from Attorneys
If you had a good case and the lawyer's carelessness resulted in dismissal, you can sue the lawyer for malpractice.
To go one step farther than the previous answer - if you can demonstrate that because of the lawyer's negligence you did not win a recovery in your case then you have a good malpractice case. To recover it takes both the lawyer's misconduct *and* the question of whether because of that negligence you lost money.
in legal malpractice cases you have to prove the underlying case. So if your underlying case would have been meritorious but for the attorney's negligence in missing the statute of limitations you can sue. The next question is your injuries in the underlying case. If your injuries are substantial then it is likely that you can find a lawyer to represent you. If you would like to discuss this case further please contact my office.