Malpractice Claim filed in 1998 results in $935,000 award
Legal MalpracticeA Connecticut law firm accused of failing to advise the spouse of a client about her potential survivor benefits suffered a $935,000 jury verdict recently. The underlying injury to the spouse occurred in 1991, the malpractice case was filed in 1998, and the malpractice case went to trial in 2015. Both sides have indicated they plan to appeal. The case appears to have taken so long in part because Connecticut passed a law that would have allowed the spouse to make her benefits claim, but that law was ruled unconstitutional as being too narrowly tailored to the facts of her case. The award does not include interest, which could be substantial.
TLIE experiences similar claims fairly often. In these claims, the person who the lawyer does not identify as their client believes that they are the client. Under Texas law, a person who has a reasonable basis to believe they are the client may be treated like a client. Documentation which clarifies who is, and who is not, the client can be a very important step in avoiding such claims.
