Personal Injury Legal Malpractice Case

The November 21, 2013 Justia.com Injury Law Summary features a case involving personal injury legal malpractice, in a case titled “Pete v. Anderson.”

This case illustrates various aspects of legal malpractice.

In the case, professional legal malpractice is claimed.

The underlying personal injury wrongful death lawsuit stemmed from the following vehicle accident, excerpted from the Kentucky Supreme Court ruling:

On October 17, 2001, Michael Anderson was killed when the van that he was driving struck a retaining wall, partially ejecting Anderson from the vehicle. The van, which was owned by Anderson’s employer, was equipped with a pedestal-style driver’s seat with a locking mechanism that allowed the operator to position the seat. This mechanism was apparently malfunctioning on the day of the fatal accident.

An excerpt from the ruling, regarding the legal malpractice lawsuit:

Two years later, Malik, by and through Elizabeth, and Michael, Jr., now of the age of majority, filed a professional negligence action against Pete alleging negligence, gross negligence and breach of fiduciary duty, as well as negligent or fraudulent misrepresentations. Pete moved for summary judgment arguing that there was no attorney-client relationship between Pete and the children, and that any other claims of the estate were barred by the statute of limitations. The trial court granted Pete’s motion, finding that Michael, Jr. and Malik were not in privity with Pete, and thus lacked standing to sue for professional negligence.

Additional details can be seen in the Justia.com summary mentioned above, as well as the Kentucky Supreme Court ruling.

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 Justia.com 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.

also:

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)

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

Elman 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 Law Group litigate cases. 

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

“Loss Frames” Discussion

In an article titled “How Lawyers Can Minimize Professional Mistakes During a Scandal Like That at Penn State” of August 10, 2012, John Dean discusses what he refers to as a “loss frame.”

Here is an excerpt:

Richard Painter has done some remarkable work in analyzing what he calls “the psychology of cover-ups.” Drawing on the work of Nobel Prize laureates Daniel Kahneman and Amos Tversky, and their now classic 1979 essay “Prospect Theory: An Analysis of Decision Under Risk,” Richard notes how persons who find themselves in “loss frames” (or losing situations) are inclined to take greater risks to avoid even more loss, even when the risks are irrational, than others. In addition, the loss frame creates a “cognitive bias toward concealment.”  Richard thought that this might have happened to Nixon and others with Watergate.  I can confirm without any doubt that he was correct: That was the case for us all.

When one looks at situations like that of Penn State (or Enron and countless other related situations) it is obvious that bad, if not irrational decision-making, is almost the norm in the loss frame.  But these insights, as Richard Painter has written, not only explain how lawyers (and others) make serious mistakes in these situations, but also provide a means to prevent this from occurring.

The article continues by discussing how to deal with such “loss-frame” situations, and uses the Penn State situation as a “classic loss-frame situation.”

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

Elman 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 Law Group litigate cases. 

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

Forms Of Legal Malpractice

Justia.com has a page regarding Legal Malpractice, in which various facets of the topic are discussed.

Part of the page discusses types of legal malpractice, in which it lists a variety of types of situations that may represent legal malpractice.

Here is an excerpt:

Legal malpractice may take a number of different forms, ranging from minor instances of negligence to intentionally fraudulent conduct. Common types of legal malpractice include:

  • Failure to meet court deadlines.
  • Failure to act within the statute of limitations.
  • Failure to return phone calls or communicate with a client.
  • Failure to resolve conflicts of interest.
  • Failure to know the law or perform adequate research.
  • Abuse or misuse of a client’s trust account, including commingling trust account funds with the attorney’s personal account.
  • Improper withdrawal from representation.

Various types of legal malpractice, and links to discussions of each, are also found listed on the main page of this website.

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

Elman 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 Law Group litigate cases. 

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

Legal Malpractice – Summary

Justia.com has a page regarding Legal Malpractice, in which various facets are discussed.  Here is an overview of legal malpractice as seen on the page:

Legal malpractice occurs when an attorney intentionally or negligently mishandles a case and causes injury to a client. Statistics indicate that lawyer malpractice is a significant problem in the United States and that the number of legal malpractice claims brought each year is increasing faster than the growth of the legal industry.

As well, the page also discusses remedies for instances of legal malpractice, in which it states in part:

A victim of legal malpractice may seek recovery in several different ways. The most common remedy for legal malpractice is to file a civil lawsuit against the attorney.

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

Elman 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 Law Group litigate cases. 

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