St. Denis & Davey, P.A.

Legal Malpractice Issues

The statute of limitations on a legal malpractice claim

| Sep 14, 2018 | Legal Malpractice Law |

Going to court is a lengthy process. Between court appearances, hearings and discovery, it may take between months and years to finally close a case. When the case finally ends, clients may sigh in relief that it’s finally over.

However, time may reveal problems with a case that clients didn’t notice before. What if your lawyer submitted essential documents late? Or if they refuse to communicate with you – which harmed your appearance during trials?

Small legal mistakes could have enormous consequences on the outcome of your case. That’s why it’s important to know the statute of limitations for legal malpractice claims.

What is a statute of limitation?

A statute of limitations, in the simplest terms, is an expiration date in which a plaintiff needs to file a claim for a criminal or civil suit. In the case of legal malpractice, it ranges from state to state. In Florida, the statute of limitations for legal malpractice is circumstantial. For example, a breach of contract carries a five-year statute of limitations while the statue of negligence is four years.

For professional liability cases, the statute ends in two years. So if a client wants to sue their lawyer for legal malpractice, they need to start the process immediately to avoid any issues with the limitations clock.

If you are concerned about the possibility of legal malpractice in a previous case, you should consult with Florida law on the subject because legal malpractice is a complicated lawsuit. However, wins are possible as long as you prove your claims within the correct statute of limitations.