Lawyer cost us a large settlement

[april a.]

What is the name of your state (only U.S. law)? Alabama
My husband sued a company he worked for after he was fired after having a heart attack and on FMLA. The lawsuit went for the last 4 years. Two years ago however, he had to file bankruptcy because his ex wife became addicted to drugs and didn't pay any bills. He lost everything. The Bankruptcy lawyer never asked him if he had a pending lawsuit or anything of that nature. So the other day my husband actually won the case and would have been awarded a six figure settlement but the judge informed us that because his bankruptcy lawyer didn't list the lawsuit as potential income he can't be awarded any money from his lawsuit. Can we sue this lawyer for malpractice?

 

[Zigner]

I'll betcha hubby filled out an initial information sheet that included the info...

 

[april a.]

no. He only had to fill out a form stating what he was putting in the bankruptcy. His trial lawyer has all the paperwork from the bankruptcy and nothing regarding that important info.

 

[Zigner]

no. He only had to fill out a form stating what he was putting in the bankruptcy. His trial lawyer has all the paperwork from the bankruptcy and nothing regarding that important info.

That's the kind of thing that would be proved or disproved in court.

 

[april a.]

ok. So say we prove he was negligent, can we sue for the money we are out? Will we get it despite the bankruptcy?

 

[Zigner]

ok. So say we prove he was negligent, can we sue for the money we are out? Will we get it despite the bankruptcy?

Proving he was negligent would be part of the lawsuit against him.

You REALLY need to get a consultation with a local attorney on this. (Well, HUBBY does). There is way too much at stake for him.

 

[april a.]

Yes... We are doing that. His trial lawyer is awaiting the report from the judge that states how much he would have gotten. Thanks!