February 19th, 2013|
Feb. 19, 2013
The Georgia Supreme Court has issued a key ruling in a legal malpractice case against an Alabama attorney. According to an article published by The Augusta Chronicle, the ruling stated the income of the attorney in question should not be a factor in the award issued in the case.
The case began when an Alabama man was injured in 2004 accident involving a CSX Transportation locomotive. The victim hired the attorney to sue CSX, but the attorney missed a vital deadline in filing the claim and the case was dismissed.
The victim then attempted to sue the attorney for damages in a case of Alabama Legal Malpractice. The case was subsequently moved to U.S. District Court in Augusta, Georgia, and the victim was awarded $700,000 in damages.
The attorney appealed the decision on the grounds that the jury hearing the case was wrongly instructed to consider the wealth of the defendant when an award was issued. The Supreme Court agreed with the defendant, and the case will now go back to the 11th U.S. Court of Appeals.
The Alabama Personal Injury Lawyers with Norris Injury Lawyers point out the case shows how complex a legal malpractice claim can be. The firm says it also shows the importance of have a qualified attorney by your side to handle the details of your case if you have been harmed by the actions of another.