Legal Question in Legal Malpractice in North Carolina
How much damage I can realistically expect to get?
My attorney admits it was his mistake that caused my title 7 civil right case was dismissed because he filed 1 day late and that I suffered harm. He is only covered for $100,000. My actual damages are around $200,000. I think I have a 90% chance that I will win the underline case. I�m scheduled for mediation 12/7/05 & a jury trial on 1/30/06. I would like answers to the following questions:
1. What would be a realistic offer?
2. Assuming that I will with the jury, by law how much damages can they award and what is realistic?
3. Can you or do you know a trial attorney/firm that practice in legal malpractice and EEO employment discrimination issues who can represent me?
4. Will I need any expert witnesses (at trial)?
5. I have filed a 60(b)(6) motion for reconsideration in the underline case because I found through discovery exculpatory handwritten notes showing my attorney had knowledge of the correct filing date and it wasn�t a mistake. In light of the exculpatory evidence, do you think the judge will depart from his order since he knows now that I didn�t get adequate notice?
1 Answer from Attorneys
Re: How much damage I can realistically expect to get?
You really need to clarify this question. I assume the jury trial you are referring to is a trial against the attorney (and not a jury trial on your Title 7 claim). If so, then you're extremely close to trial. You probably don't have time to retain an expert, and may not have time to really prepare for trial. If you don't have an attorney, they you will find it very difficult, if not impossible, to actually try a case to a jury. When you refer to the underline case (presumably "underlying" case), I'm not sure why you'd want to have that overturned (because it would impair your malpractice case), and I'm not clear on the basis for the motion. You will have to prove the underlying case, and if you prevail, then you can recover those damages arising from the malpractice, which would not be capped at the 100,000 limits of insurance. It appears that you need to consult an attorney very quickly.
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