St. Denis & Davey, P.A.

Legal Malpractice Issues

Why you should know about the statute of limitations in Florida

| Jul 31, 2016 | Professional Malpractice Law |

In our last post, we highlighted the different causes of action that could give rise to a legal malpractice action. Knowing the different maladies that could lead to malpractice claims is important not only for properly articulating a cause of action, it also is critical in making decisions about when to initiate a lawsuit.

It may not be known at the time of an incident whether an attorney is liable for malpractice, but the possibility of a lawsuit will not be open forever. This is because there is a time limit for an injured party to initiate a legal action to obtain compensation. Under Florida law, a legal malpractice lawsuit must be brought within two years of the incident that caused the alleged injury. 

If the suit is not brought in state court, an injured party may lose the right to seek compensation for their injury. This scenario is commonly referred to as an action being “time barred.”

However, there may be ways for an injured party to still bring a lawsuit despite the statute of limitations running out. If the party was not aware of the harm suffered (or was reasonably not expected to know about the extent of the harm) the time allowed to bring suit may be “tolled.”

Nevertheless, if you have been harmed by the actions (or inaction) of an attorney and are not certain if you still have the ability to bring a lawsuit, it is a good idea to speak with an experienced personal injury attorney.

The preceding is not legal advice.