Pikeville lawyer fails to revive lawsuit, case dismissed

John Wilson was injured in a car accident.  While his case was pending, he died of cancer.  Unfortunately, his lawyer failed to file a motion to revive the car accident lawsuit, as is required by KRS 395.278.  The lawyer also failed to substitute the Estate as a party to the lawsuit, which is required by Civil Rule 25.01(1). 

The Johnson Circuit Court dismissed the lawsuit, and the lawyer's appeal was rejected.  Here is the link to the Kentucy Court of Appeals' decision: http://opinions.kycourts.net/coa/2008-CA-000257.pdf

If your lawsuit was dismissed because your lawyer failed to preserve your rights, or your lawyer otherwise mishandled your case, call us to discuss whether you have a viable claim for legal malpractice.

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