In order to prevail in a legal malpractice claim, you must prove the "case within the case." In other words, you have to prove that if the attorney who represented you racticed law within accepted standards of care the outcome would have been different and you would have prevailed.
I would be interested in knowing more about the facts of the underlying case. If you are prosecuting a personal injury case, it is hard to understand how your case could go to trial with no expert testimony. That is a prerequisite to proving damages.
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Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz.
Answered on May 14th, 2013 at 1:57 PM