Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

Did attorney commit legal malpractice in personal injury claim?

When hiring an attorney for a personal injury claim, a Maryland resident trusts that the one chosen will diligently pursue a recovery from any and all potential defendants who may bear some responsibility for the injuries suffered. Failing to do so could close off a potential source of restitution that could help with the financial losses sustained. An individual in a neighboring state says that is exactly what happened, and he now alleges legal malpractice kept him from receiving approximately $1.8 million.

The claim arose out of an accident that occurred in 2011. The man in question was a pedestrian who was struck by a vehicle. The accident caused the man numerous injuries to his entire body, including his pelvic region, spine and legs. He also suffered injuries to his shoulder and claims he became disfigured. Certain conditions he had prior to the incident were also exacerbated by it.

He claims that when he hired the Pennsylvania law firm to represent him, attorneys failed to include a defendant in the initial filings. Allegedly, the firm failed to attempt to add this person to the lawsuit until after the statute of limitations had expired. For some reason, the individual's statement had not been taken until later in the case. The man goes on to claim that had that person been included in the claim, he may have received some or all of $2.5 million in insurance proceeds.

Most attorneys, including many here in Maryland, diligently defend their clients. However, they are human and mistakes can occur. When those mistakes end up costing a client financial damages, it may constitute legal malpractice. Before attempting to go any further with a potential claim, it may be beneficial to discuss the situation with an attorney who routinely handles these types of cases.

Source: pennrecord.com, "Man accuses Philly law firm of malpractice in not pursuing all defendants and losing out on $1.8 million in insurance funds", Nicholas Malfitano, Sept. 27, 2017

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