Workers Compensation Attorney Granted Dismissal of Client's Claim

Last week an appellate Court reversed a Queens County Judge and dismissed a legal malpractice complaint due to shortcomings in the client's Complaint. The client retained a worker's compensation attorney to represent him in a claim for benefits arising out of an "on the job injury" when he fell off a ladder. At a hearing, evidence was introduced that plaintiff's injury did not happen on the job but - "rather his injury occurred after he left work when he jumped out of a moving car". Based on the conflicting evidence the Judge denied the plaintiff's claim stating that the injury did not occur on the job and denied all benefits. In response to the loss, the client sued his attorney claiming that he had neglected to conduct adequate discovery and interview witnesses which resulted in the loss of his claim.

The Court granted the dismissal of the legal malpractice case explaining that plaintiff failed to allege specific facts demonstrating that, but for the attorney's carelessness, there would have been a favorable outcome at the workers compensation hearing.  In other words, the plaintiff must at least identify the witnesses who were available to support his claim at the Workers Compensation hearing, and describe how their testimony would have persuaded the judge that this was indeed an "on the job injury". Conclusory and speculative claims of legal malpractice are routinely dismissed. Also, it would have been prudent to submit affidavits from these witnesses to avoid a dismissal prior to conducting any discovery. Denisco v Uysal, 2021 N.Y. Slip Op. 04118

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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