Q: Lawyer never filed suits and statute of limitations have expired and is offering $15,000 check seems hush money
My mom had a lawyer who was a friend of her friends, she hired him to file a few suits pertaining to personal injury and malpractice. He never filed the suits and now offered her a check for $15,000 along with a letter stating if she cashes the check it releases him from the fault of not processing the suits for her. The suits were in total worth hundreds of thousands potentially
The suits have since passed their statute of limitations because of his neglect
She also has proof he discussed her case with other people
Should she pursue suing him or cash the check
A: Based on what you have said $15K seems like a drop in the bucket on what you could get for the attorney missing the statute of limitations deadline. I suggest hiring a lawyer to try to either: 1) sue him for his malpractice or 2) hire a lawyer to try to negotiate a higher settlement as $15K seems like he is getting away with pennies on the dollar. Most of us lawyers offer a free consultation to discuss what can be done, I suggest that you set one up.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New Jersey
- (609) 799-6066
- View Profile
- Answered
A:
#1, it is unethical for a lawyer who blows a statute to try to settle with you without you being informed of your right to counsel and you obtaining an attorney. I strongly urge you not to accept any offer and cash the attorney's check without speaking with a personal injury lawyer who is Certified by the New Jersey Supreme Court as a Civil Trial Lawyer.
#2, the attorney that you consult will want a complete history of the cases and the damages suffered by the injured parties.
#3, there is a 6-year statute of limitations on legal malpractice claims, which starts from the date of the negligent act by the attorney.
#4, I hope that this attorney has legal malpractice insurance.
Gerald Siegel
Law Offices Siegel & Siegel, P.C.
Plainsboro, N.J.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
