This case from across the state is a good example for Buffalo residents of the importance of hiring an experienced and competent personal injury attorney.
David v. Mallilo & Grossman started out as a fairly straightforward looking automobile accident. In 2003, Rosalie David was a passenger in a car that was rear ended while waiting to make a left hand turn. She complained of pain in her right shoulder and was eventually diagnosed as suffering from a full thickness tear of the right rotator cuff.
Given that the negligence of the other driver was clear in this collision, her case should have been fairly easy to present. Unfortunately, her lawyers filed her case in the Civil Court of the City of New York, where the maximum amount that could be recovered was $25,000. Given the potential for her case to be worth much more, it should have been filed in Supreme Court. Once they realized their mistake, the lawyers requested to have the case transferred, but were denied. This resulted in Ms. David having to accept only $25,000 in compensation for her injuries. It also resulted in her suing her lawyers for malpractice.
In the malpractice lawsuit, the lawyers’ error was obvious and the plaintiff was granted summary judgment on this issue. She then had to establish that she would have won the car accident lawsuit and would have received more in damages than she was granted. The case concluded with Ms. David being granted $250,000 in the malpractice suit as compensation for the damages she should have received in her mishandled personal injury lawsuit.
Lawyers are human and make mistakes like everyone else. As this case shows, however, in a personal injury lawsuit it is important to have an experienced personal injury attorney. If you have suffered a personal injury, please feel free to call us at 716-542-5444. We would happy to help you.
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