Attorney and Guardian Ad Litem Successfully Sued for Legal Malpractice
Written on April 1st, 2001 by david
Settlement Professionals Inc. Fast Facts 4, 2001
In Texas, an attorney and Guardian ad Litem were successfully sued for legal malpractice for failing to recommend a structured settlement for their client. The case giving rise to this legal malpractice claim was a 1984 medical negligence claim, whereinthe plaintiff, a minor, purportedly suffered injuries at birth due to the negligence of the defendant physician.
This case settled after trial for $2.5 million. The plaintiff’s attorney accepted the settlement as cash, creating actual receipt of the settlement proceeds, which precludes a tax-exempt structured settlement.
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