Legal Question in Personal Injury in Ohio
I have a question regarding the treatment of legal malpractice claims in Ohio. There reason I ask is because there has been a change in statutory law since the underlying lawsuit was filed that deals with the collateral source rule. Basically, the question is which set of laws governs the current legal malpractice claim? Is it the current law on collateral benefits, or would it be the law as it existed in 2002 when the cause of action accrued?
1 Answer from Attorneys
The law that would have been relevant to your attorney and to your case at the time it was handled would apply and not the subsequent law after the case was concluded. The law would not require your attorney to apply a set of rules on collateral resources that did not apply at the time of the cause of action. Hope this helps.
Howard Mishkind
www.mishkindlaw.com
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