Legal Question in Legal Malpractice in Massachusetts

Elderly Mom taken for a ride.

My elderly mother slipped on an iced over wheelchair ramp & injured her hand resulting in 2 operations , nerve damage & permanent problems.Also resulting in thousands of dollars in medical expenses. The owner of the property accepted resonsibility for the accident. Her Insurance Co. offered $5000. to remedy this. I hired an attorney to take over . He claimed to set up a court date & the matter would be settled promptly . It's now been 8 yrs ,the statute of limitation is long over & he refues to answer calls or letters! Instead of $5000 she got NOTHING What now ?


Asked on 11/04/00, 8:56 am

2 Answers from Attorneys

J. Whitfield Larrabee J. Whitfield Larrabee

Re: Elderly Mom taken for a ride.

Your mother's case warrants further investigation.

She may have claims against her attorney for negligence

and for violation of ch. 93A, Massachusetts Consumer

Protection Act.

Under ch. 93A, an attorney who engages in unfair and deceptive

acts and practices may be liable for up to three times actual

damages, plus interest, costs and a reasonable attorney's fee.

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Answered on 11/18/00, 10:06 am
Charles Cobb Charles Cobb, Attorney At Law

Re: Elderly Mom taken for a ride.

I am sorry for your mother's injury. It would be best for her if her lawyer has insurance. All cases are time barred after a certain point in time. She should send the lawyer a certified letter demanding the file and an explanation. While you say the "property owner" accepted responsibility, fall down cases are tougher to proove than you might imagine. Your mother's claim against her lawyer will be only as good as the initial case.

Best wishes.

Charles W. Cobb

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Answered on 11/17/00, 6:49 am


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