Just in case you were wondering how a New York legal malpractice case works (come on, admit it, you were wondering about that all day!), I have a “case study” for you.
I recently sued a lawyer on behalf of a widow and her child. I took over their case after the lawyer had mishandled it. The facts of the mishandled case went like this (in simplified form): a public official had, through his negligence, killed the widow’s husband, but before he died, he went through a terrible amount of agony and suffering. This meant that the widow had two claims:
One claim was for “wrongful death” (“WD”), which mainly means a suit for lost income. The concept of the WD suit is that, had the widow’s husband not been killed, he would have continued supporting her and their children, but now he was dead, and dead men don’t pay the bills.