Five Other Lawyers Have Rejected My Malpractice Case In Kingston, New York. Does That Mean I Don’t Have A Case?

Au contraire, my friend! The fact that several lawyers have rejected your case does not necessarily mean anything to me.

Let me illustrate my point with a true story. In 1999, I received a phone call from a lawyer friend about a new case. A 20-something male was killed at a construction site while one of his co-employees backed into him with a construction truck. The decedent’s widow went to every lawyer in town and she was given the same advice, namely, that the workers’ compensation law in NY bars a lawsuit by one employee against another employee. In other words, the widow’s exclusive remedy would be death benefits available under the workers’ compensation law and she did not have a right to sue.

Within about 5 seconds, I knew the new client had been given terrible advice. While it is true that an employee cannot sue another employee or his employer for their negligence, New York has a special law known as the Labor Law that imposes liability upon property owners for construction accidents that occur on their property. Hence, the widow had a right to sue the property owner for her husband’s death under New York’s Labor Law.

After having been shown the door by a half-dozen personal injury lawyers, the widow was finally given accurate advice about her rights and a lawsuit was brought against the property owner in short order. During trial, the case settled for $3.5 million.

What is the lesson of the story? The fact that a number of lawyers have rejected your case does not mean anything to me. You shouldn’t give up after one or two legal consultations. Just like the widow in my example, you may have a great case even when your lawyers tell you that you don’t have a leg to stand on.

If you have any questions or want more information, I welcome your phone call on my toll-free cell at 866-889-6882. You can always request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at