A New Jersey appeals court has ruled that a legal malpractice suit against the firm of Ginarte, Gallardo, Gonzalez & Winograd was dismissed prematurely before the plaintiff had a chance to prove his damages.

The trial judge erred by failing to allow the plaintiff to present a “suit within a suit” to show the difference between the settlement he received in a personal injury case and the amount of money that would have been obtained by judgment, the Appellate Division said Monday as it remanded the case for trial.

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