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Legal malpractice claim, alleging failure to secure attendant care benefits, is dismissed

In Cummings v. Cohen Law Office, P.C., the plaintiffs sued their former auto accident lawyers, alleging that the lawyers were negligent in failing to secure appropriate attendant care benefits for them.  They alleged that after securing a recovery from the negligent actors, the lawyers owed a duty to pursue attendant care benefits in response to phone inquiries from the injury victims.

The Court pointed to the fact that there was no new fee agreement to pursue PIP benefits and that no billings were submitted by the attorneys to support its decision that the statute of limitations had run on any arguable negligence by the attorneys:  The 2010 lawsuit alleging losses beginning in 2004 was simply too late, given the expiration of their attorney-client relationship in 2006.

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