Kessler, DiGiovanni & Jesuele, LLC

Legal Malpractice

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Some lawyers and law firms prefer to stay away from taking legal malpractice cases because it involves pointing a finger at another member of the legal profession. At the law offices of Kessler, DiGiovanni & Jesuele, LLC, we believe that clients should not have to suffer the economic damage caused by a lawyer’s negligence.

Lawyers, just like other professionals, should provide services at a professional standard . When a lawyer does not perform at a professional standard, and it costs his or her client money, the lawyer should be held accountable. We aggressively pursue cases against attorneys or law firms who have committed legal malpractice to the substantial detriment of their clients.

One of the easiest ways a lawyer in New Jersey can commit legal malpractice is to miss a filing deadline that results in an otherwise meritorious case getting dismissed. In New Jersey, there are probably more deadlines to watch out for than other states. Every state has a statute of limitations, or time limit, by which a personal injury or wrongful death claim must be brought. In New Jersey, there are a few nuances for which an attorney must be alert:

  • If a public entity is a defendant, the plaintiff must provide written notice of the action, within 90 days of the date of injury, (or when the injury was discovered) to the public entity.
  • Actions against the Port Authority of New York and New Jersey, have a one-year statute of limitations, instead of the normal two-year statute of limitations.
  • In medical malpractice cases, a sworn statement (affidavit) by a doctor that there are reasonable grounds to bring the claim must be served on the defendant within 60 days after the Answer to a Complaint is filed. If no such affidavit is served, the case is thrown out.
  • Certification of permanent injury in a lawsuit threshold auto case.

Most lawyers, like doctors, have legal malpractice insurance. We have plenty of experience dealing with insurance company lawyers, and can often negotiate a reasonable settlement to make up for the economic losses of the malpractice victim. If not, we are prepared to take a legal malpractice case to trial, just like any other personal injury case.

If you think you have been victimized by legal malpractice, contact us to arrange an appointment so that we can discuss your options. We offer a free initial consultation, and charge no fee unless we recover damages for you.