Legal Question in Legal Malpractice in New York

How do I go about suing a lawyer for legal malpractice under the discovery rule?

Upon trying to file a lawsuit against the manufacturer of a faulty bike that resulted in my brain injury, I recently discovered that the lawyer my parents tried to use to file the same lawsuit made several errors. Due to these errors no justice was ever served because he made my parents believe they had no more time to file and now trying to file myself is a lost cause because it has been so long.

He told my parents they only had a year to file, was going to pursue the store instead of the manufacturer, told them they wouldn't win and held it for a year and then dropped it. In turn, my parents never tried to file again because they thought they had no more time and I can't file myself because it was so long ago. Keep in mind I am only twenty and this happened when I was ten and now I can try to sue myself, but that seems to be out of the question.

We just discovered the lawyers mistakes and we are really only looking for advise. We can't sue the manufacturer but we want to sue the lawyer for making it impossible to ever file a lawsuit. Attorneys think we are asking them to take my case, but really we want some advise of what we can do about this. I was told that the statute of limitations might be extended based on the discovery rule. Please I just want to get somewheres with this. It has seriously affected my life and now I can't seem to do anything about it. What can I do with this?


Asked on 1/05/11, 10:05 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

You need real legal advice. You need to meet with a lawyer in person.

Your claim for legal malpractice is not barred by the statute of limitations. The claim has a three-year statute of limitations, but the clock does not run while you are a minor: You have three years starting on your 18th birthday. The deadline is your 21st birthday.

Consult an attorney immediately.

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Answered on 1/10/11, 8:00 pm


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