Legal Question in Legal Malpractice in New York
My father-inlaw died on 1/9/09. His wife signed a retainer on 2/22/09 with a law firm to pursue a nursing home malpractice case related to her husband's death.
No work was done on the case. She died on 8/19/11.
Does her estate have a legal malpractice claim? Does the statute of limitations begin on 2/22/09 when she signed the retainer, or 1/9/12 when the statute of limtiations for the nursing home claim expired?
1 Answer from Attorneys
Statute of limitations for wrongful death is two years from date of death. SOL for father-in-law's death expired 1/9/11. SOL for malpractice is three years from date of malpractice = 1/9/14. But don't wait. Either engage counsel and go like crazy or drop it now: the wrongful death case is now almost 4 years old. You still have to try and win the wrongful death case.
Now how much is the case worth? The award is based on the economic support supplied by the decedent to his family. Rarely is this game worth the candle.
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