Case Involving Legal Malpractice Involving Personal Injury

Legal malpractice can, and does, happen in all facets of personal injury law, ranging from car accidents to workplace injuries to wrongful death cases.

A recent case, Encinias v. Whitener Law Firm, heard by the Supreme Court of the State Of New Mexico, highlights the issue of whether or not legal malpractice has occurred in a personal injury case.

Two excerpts from the Opinion Summary concerning this legal malpractice lawsuit:

Plaintiff Joe Encinias and his parents hired defendants Russell Whitener ad the Whitener Law Firm to represent plaintiff in a possible suit against the Robertson High School and the Las Vegas School District after he was badly beaten by a classmate at the school two years earlier.


Whitener waited until the spring of 2008 to tell plaintiff and his family that it had missed the statute of limitations. Later that fall, plaintiff sued the firm for malpractice. The district court granted summary judgment in favor of the firm. Upon review, the Supreme Court concluded the trial court erred in its grant of summary judgment, finding genuine issues of fact remained with regard to plaintiff’s case.

The full opinion of this personal injury legal malpractice case is found at this link. (pdf)


Elman Joseph Law Group, LLC is an Illinois personal injury law firm that handles personal injury legal malpracticecases.

Elman Joseph Law Group is known for its court trial capabilities. This is important for your lawsuit because if we are unable to attain an appropriate settlement, we have a proven track record of achieving attractive court verdicts.

In fact, because of this litigation capability, many prominent law firms choose to have Elman Joseph Law Group litigate cases. 

To speak directly with a trial lawyer from the Elman Joseph Law Group, call Tony Elman at (773) 392-8182 at any time.  This legal consultation is free and confidential.