Suing a Lawyer in New York for a Missed Injury Claim

Consider a scenario involving an individual named Alex who was injured while operating machinery at a manufacturing facility in New York. 

During the incident, an explosion caused severe trauma to Alex’s leg. At the same time, the explosion released chemicals from an improperly sealed component, exposing Alex to airborne toxins.

Alex informed his attorney not only about the leg injury but also about a strange chemical taste and a persistent cough that developed shortly after the accident. 

The attorney, however, focused exclusively on pursuing a product liability claim for the leg injury and did not investigate the potential respiratory effects of the chemical exposure.

At that stage, suing a lawyer was not something Alex considered. He relied on his attorney to evaluate all aspects of the accident.
 

As the litigation regarding the leg injury progressed, Alex’s respiratory symptoms continued to worsen. 

Eventually he sought an independent medical evaluation from a specialist.

The physician diagnosed a chronic respiratory condition linked to chemical exposure from the factory explosion. 

The treatment required long-term medical care and created substantial financial burdens. 

Unfortunately, the existing lawsuit did not address these respiratory injuries.

Because the original attorney had not investigated or pursued this additional claim, Alex began exploring the possibility of suing a lawyer for legal malpractice.
 

Under New York Civil Practice Law and Rules §214, the statute of limitations for most personal injury actions is three years from the date of the accident.

Alex’s attorney successfully filed the product liability claim for the leg injury within this time frame. 

However, the potential claim related to chemical exposure and respiratory illness was never investigated or filed.

By the time Alex received a medical diagnosis linking his cough to the explosion, the three-year deadline had already expired. 

As a result, Alex was likely barred from bringing a separate personal injury claim related to the chemical exposure.

This lost opportunity to pursue compensation is what ultimately raised the issue of suing a lawyer in New York for malpractice.
 

In Alex’s situation, the central issue would be whether the attorney’s failure to investigate the respiratory symptoms fell below the standard of care expected of a reasonably competent lawyer.

Because Alex reported unusual respiratory symptoms immediately after the explosion, a careful attorney would likely have investigated the possibility of chemical exposure. 

This could have included consulting medical experts or evaluating additional liability theories.

To succeed in suing a lawyer, Alex would also need to prove that the underlying respiratory injury claim was viable. 

In other words, he must show that he would likely have recovered compensation if the claim had been properly pursued.
 

Damages in a legal malpractice case are typically measured by the value of the claim that was lost because of the attorney’s negligence.

For Alex, this could include compensation for:

-medical treatment related to the respiratory illness

-lost income caused by the condition

-pain and suffering associated with long-term respiratory impairment

These damages represent the financial recovery Alex might have obtained if the claim had been properly handled.
 

In New York, legal malpractice claims are generally governed by CPLR §214(6), which establishes a three-year statute of limitations.

The limitation period usually begins when the alleged malpractice occurs. 

In cases like Alex’s, that moment may be tied to the attorney’s failure to investigate or file the additional injury claim before the personal injury deadline expired.

Because these timelines can be complex, individuals considering suing a lawyer should promptly gather all records from the underlying case and consult experienced legal counsel.

If you believe a previous attorney failed to properly investigate your injuries, missed a filing deadline, or overlooked a valid claim, you may have the right to pursue compensation through a legal malpractice action. 

The legal team at SJKP has experience handling complex professional negligence claims in New York. 

We can evaluate your situation and help determine whether suing a lawyer is an appropriate course of action.