New York Professional Malpractice Lawyers: Failing to Sue Proper Parties or Obtaining a Full Financial Recovery

A law firm is tasked with the responsibility of determining who the right party or parties are which need to be sued. Not suing the appropriate defendant may result in a claim being dismissed with no recovery. Corporations and business frequently change names or have similar sounding names. If suing for an employee's negligence, the correct employer must be sued. These are just a few examples of the complications involved in successful litigation.

If a deviation from the appropriate standard of care for professional has occurred, contact us at (888) 260-0473

Another key strategy for successful litigation is litigating against defendants with the insurance or corporate assets to play claims. An attorney is responsible for locating assets to resolve a claim, which can involve knowing:

  • Insurance policies covering claims, which may require locating umbrella coverage
  • The effect a bankruptcy filing would have by one of the defendants. Sometimes bankruptcy litigation will require filing a suit in another state, or a special court.
  • In "no-fault" states, establishing injuries, lost earnings or permanent disabilities which will exceed applicable thresholds
  • When liability coverage can be based on employer/employee, child/parent
  • Emotional or economic loss for the non-injured spouse and children
  • Projections for future lost income or lost earning capacity

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