My son had a civil suit against the police department for an excessive force and wrongful arrest. They made an offer, that he turned down. His lawyer told him that was a bs offer and that he had gotten more for less. He then was supposed to have a trial by jury. His lawyer never filed because he was in the middle of a "big case" so the case was thrown out. His lawyer filed an appeal that was denied. Does my son have any recourse?
Answered on: 9/09/12, 6:33 am by Lawrence Holzman
I"m not sure that I understand. If his case was never filed, then how was it "thrown out"? If what you are saying is that he didn't file it on time because he was in a "big case" and then when he filed it, it was thrown out because the statute of limitations had passed, then that's a different story altogether.
In order to have recourse against the lawyer, you have to show that he breached a duty of care and that the breach caused you harm. If the case was actually valid and had potential and it was "thrown out" because the lawyer messed something up, then he may very well have recourse.
You need to consult with another attorney obviously. I'm happy to chat for a few if you like, just give a ring.
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