February 2020 Archives

Legal malpractice suit follows failed wrongful death case

When people in Florida lose a loved one due to someone else's negligence, a wrongful death claim may help them to pursue some measure of justice and accountability through compensation for the harms done. However, if an attorney fails to live up to their professional obligations in the case, the results can be further devastating. In one case, a legal malpractice lawsuit against an attorney has been reinstated in the aftermath of a failed wrongful death lawsuit. The daughter of an elderly man, acting as administrator of his estate, brought a wrongful death claim against a nursing home, saying that his bedsores acquired through medical negligence were the cause of his death.

How to properly safeguard property

As a general rule, attorneys in Florida should keep their assets separate from assets owned by a client or other third party. This is generally true whether the asset is a tangible item or money held in a bank or any other type of account. It is also imperative for an attorney to keep thorough records of any transactions that occur involving a client's money. Those records should be kept on file for at least five years after an attorney-client relationship ends.

Avoiding negligence when talking to the media

Attorneys in Florida and throughout the country are limited in what they can say to the media. For instance, they are not allowed to make any statements that are likely to be seen by a wide audience and that could be deemed to be prejudicial. However, they are allowed to reveal information that is already in the public record or state that an investigation into the matter is ongoing.

Woman sues lawyer over botched medical malpractice lawsuit

Statutes of limitations in Florida and around the country place strict limits on the amount of time parties have to initiate legal actions, and attorneys may be sued for malpractice if they fail to file paperwork on behalf of their clients within the period allowed. In cases involving doctor or hospital errors, the time usually begins when the patient learns about, or reasonably should have learned about, the mistake.

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