Marlton, NJ (PRWEB) January 04, 2013
There has been much controversy surrounding the recent $100 million claim filed, and subsequently withdrawn, following the Newtown shooting. The notice was filed by Connecticut attorney Irving Pinsky on behalf of the family of an unidentified six-year-old—the child survived the shooting, according to Reuters. Since the filing, Pinsky has been placed under attack in both the media and has even received death threats according to the Reuters report. This lawsuit has resulted in Pinsky receiving death threats, which he stated played a role in the withdrawing of the claim as reported by Reuters. New Jersey attorney Richard P. Console, Jr., who has been practicing personal injury law since 1994, believes this personal backlash against the lawyer in this matter is concerning.
“The simple fact is that the attorney for this family is doing his job,” Console explained. “He has a duty to act in the best interest of his clients and putting the state on notice in this matter was exactly that.”
In most states, including Connecticut and New Jersey, there are certain filing deadlines that need to be met when filing a civil claim against a government agency. In Connecticut, it is required for attorneys to file notice with the state claims commissioner within 60 days before the claim can proceed, according to Reuters. The notice filed by Pinsky last week was seeking permission from the commissioner to file the lawsuit against various government entities.
The attacks against Pinsky for filing this claim are not an isolated occurrence. These kinds of responses from the public are seen often when an attorney is involved in a case that generates very strong opinions such as against defense attorneys in a murder trial. However, Console asserted that the attorney performing the job they have taken an oath to do does not equate to them being morally void in any way.
“An attorney does not have to agree with their client, they do however need to perform the job they were hired to do,” Console said. “I find it troubling to see a lawyer’s life being threatened when he is merely doing his job.”
While the claim has been withdrawn Reuters reported that Pinsky has up to a year to refile, which he has stated he plans to do following further investigation into the shooting for additional evidence. In order for the claim to be successful, it will need to be established that the government agencies in question displayed some kind of negligence that led to the tragic massacre at the Newtown Elementary School.
The attorneys at Console & Hollawell, P.C. are dedicated to protecting the rights of injured victims, even in instances where suing a government entity is necessary. They firmly believe that all individuals should have access to representation when the negligence of another has resulted in injury.