I hired a family law attorney that I'm suing for malpractice. I filed my case at 11 month mark after she was fired. She has no malpractice insurance. However at time that she was hired she worked for a firm that does. She was fired from her firm 2 months after I hired her. What is my time limit to go after the firm since they had insurance?
Malpractice insurance is usually sold on a claims made basis, or a claims made and reported basis. It is not like auto insurance that is sold on an occurrence basis.
What that means is that attorney malpractice insurance usually covers the attorney if they have insurance in place at the time you either filed the lawsuit or when you first made a demand for payment from the attorney, not when the malpractice took place.
It would be wise for you to consult with an insurance coverage attorney to assist you in determining if the law firm's policy is implicated by this lawsuit.
Good luck to you.
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You presumably already know you need a lawyer. Malpractice are notoriously difficult to prosecute, since they require proof of a case within a case, that is, you need to prove your underlying family law case, in order to show how this lawyer's negligence caused you damage, and you have to do this 1 year from incurring the damage.
Here, you apparently arleady filed a case, and even if your former lawyer is negligent, she'll preumably be able to outlawyer a non-lawyer.
Hire a lawyer before any more time goes by.
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I agree with the comments of my colleagues. In most cases, an attorney would sue the individual attorney and the firm. That would allow you to quickly discover the nature and amounts of available insurance and whether the defense is under a reservation of rights.
Claims made policies usually have prior acts coverage but you do not mention when you made a claim as opposed to filing suit.
Of critical importance, more than the availability of insurance, is the merit of the claim. If you have been unable to interest an attorney in your case, it probably lacks merit or is too costly to pursue vs. the potential recovery.
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Same time limit that applies to going after her. Please don’t tell me you’re representing yourself..?
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