The defendant attorney admittedly failed to timely commence an action against a nursing home on behalf of the Estate of a woman who died due to complications from a bedsore, infection and sepsis. The defendant attorney defaulted or failed to file an answer to the legal malpractice complaint. (Not surprising as the defendant had been disbarred upon his guilty plea to a felony on an unrelated matter one year before he was sued in this case.) So an Inquest was scheduled solely for the purposes of allowing the Court to determine what was fair and reasonable compensation for the decedent's pain and suffering over a period of one month before her death in February 1996. The attorney was consulted by the Estate five months later.

The Court determined that $200,000 would have been the fair and reasonable compensation that the Estate would have recovered "but for" the attorney's malpractice in not timely filing an action against the nursing home. Moreover, the Court awarded the Estate an additional $263,417 representing statutory interest at the rate of 9% form the date when the underlying statute of limitations expired for filing a medical malpractice claim against the nursing home.(See, CPLR 5001) The deadline to file the action against the nursing home was July 27,1998 approximately two years after the defendant attorney was consulted. The legal malpractice action was filed in April 2009 and resolved by the date of the decision following Inquest--March 2013, almost 15 years after the deadline expired to sue the nursing home. The total award of $463,417 includes 9% interest. Corsiatto v. Maddalone, (Sup.Ct. Suffolk County 2013)

Pre-verdict interest is not allowed in personal injury actions (such as the underlying claim against the nursing home) but is awarded in property damage actions which is the essence of the claim in a legal malpractice action.

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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