Man sues for legal malpractice after losing workers' comp case

When someone in New York hires an attorney, it is usually because there is a lot at stake. Often, the clients of attorneys have limited understanding of the laws pertaining to their circumstances, and they depend on the experience and knowledge of their attorneys for the important decisions throughout the course of legal proceedings. When an attorney's failure to provide adequate representation causes harm, the clients involved may have the right to file a claim of legal malpractice.

One man in another state is seeking over $50,000 from his attorneys because he says their breach of duty toward him caused him to lose a workers' compensation claim. The client was facing an arbitration hearing against his employer following a workplace injury. The client provided his attorneys with names and contact information of witnesses to the accident and to the client's subsequent reporting of his injuries. The client's fiancée also agreed to testify to the man's pain and suffering.

Although the client's employer presented witnesses that contradicted the worker's details of the accident, the client's attorneys called no witnesses from the list the client provided. When questioning the fiancée on the stand, the attorneys apparently failed to ask her about the man's pain or the limiting effects of his injuries. The man also attests that his attorneys did not object to the introduction of prejudicial and inadmissible evidence. When the arbitrator found in favor of the employer, the client claimed it was due to the inadequate representation of his attorneys.

When clients feel unfairly treated by attorneys, it may be difficult for them to trust another attorney. They may feel they have nowhere else to turn. However, there are legal malpractice lawyers in New York who hold their profession in such esteem that they are willing to stand up for people who have been harmed when an attorney fails to provide adequate representation.

Source: madisonrecord.com, "Man files legal malpractice suit against East Alton attorneys over work comp claim", Lhalie Castillo, March 27, 2018

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