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Legal Malpractice claims are many times described as "a case within a case". More specifically, many legal malpractice claims are cases against an attorney who in some way caused his or her client's case to be dismissed or barred by failing to take the proper steps to prosecute the case. With this type of claim, it is necessary to prove the attorney's negligence in causing the client's claim to be dismissed and then prove that the underlying case was a valid claim. While the attorney's negligence in legal malpractice claims may be similar from one case to the next, the underlying claim can vary greatly in each case. In handling legal malpractice claims, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins attorneys have prosecuted cases with a large variety of underlying claims including sports agent malpractice, medical malpractice, personal injury claims, real estate transactions, and employment discrimination.
| DEFENDANT | VERDICT/SETTLEMENT |
|---|---|
| Real Estate Development Attorney | Ken Javerbaum obtained an $850,000 settlement on behalf of condominium developers whose attorney had failed to timely file land use permits resulting in significant delay and increased mortgage costs. |
| Personal Injury Attorney | Bob Hicks obtained a $235,000 settlement for a plumber who sustained an ankle injury proving that the client's first attorney failed to identify the correct defendant prior to the expiration of the statute of limitations. |
| Products Liability Attorney | Ken Javerbaum obtained a $375,000 settlement for a client injured in a trash compactor proving that the client's first attorney failed to properly pursue a claim against the manufacturer of the compactor. |
| Medical Malpractice Attorney | Eric Kahn obtained a $850,000 settlement proving that his client's former doctor had negligently prescribed medication and that the client's former attorney was negligent in failing to pursue a claim against that doctor. |
| Sports Entertainment Attorney | In a lawsuit on behalf of former NBA star Bill Willoughby against his former attorney, Ken Javerbaum and Eric Kahn obtained an $850,000 settlement in a legal malpractice action proving that the former attorney had failed to join a necessary party in litigation against Willoughby's agent. |
| Personal Injury Attorney | David Wikstrom settled a legal malpractice claim on behalf of the plaintiff’s estate for $575,000, in a case arising from the former attorney's failure to bring a survivorship action following the death of the plaintiff's son. |