What are some of the damages one can claim against their former atty for failing to file a PIP arbitration as promised?

Business 7 views 3 answers
In an underlying personal injury case a plaintiff was seriously injured in an auto accident. Among many breached fiduciary duties to his client, the attorney neglected to get his client to receive necessary treatment and two necessary surgeries. This was something that the attorney said they would do upon being retained. Unfortunately, the attorney failed to return their client's phone calls and e-mails inquiring about PIP benefits. The client-attorney relationship ended some years ago; the case closed for failure to prosecute- again atty's negligence; however, the atty's former client has now experienced an exacerbation of their injuries due to not being able to receive necessary and timely treatment and/ surgeries. Can this client make a claim against that attorney for failing to file a PIP arbitration for unpaid medical bills and future medical bills? What about in cases where there is an exacerbation of the client's injury due to the attorney's negligence in representing the client's PIP claim? Are damages simply limited to the $250k PIP benefits in NJ? Can damages ever exceed this amount? Are there other claims that can apply such as emotional distress, etc? Thanks!

Attorney Answers

3
Jeffrey Adams ·
The short answer is yes, you can sue. To prevail, initially, you'd need to prove that this was part of your retainer or perhaps detrimental reliance. Damages are limited to your loss. The complicated answer woukd require an analysis of your file by qualified counsel.
0 upvotes
Michael Ferrara ·
You are talking about a potential legal malpractice case. Unlike most cases where you have 2 years to sue, in these you have six. See a lawyer for a free meeting.
0 upvotes
Evan Baker ·
I am sorry to hear about your issue. The first thing you should do is get a copy of your file and seek a consultation with a lawyer who is a member of NJAJ and does legal malpractice. As for your specifics on damages, an attorney would need to review the file and see what the scope of retainer was and what actually transpired during the course of your representation to answer your question. Good luck.
0 upvotes

People Also Asked