St. Denis & Davey, P.A.

Legal Malpractice Issues

Lawsuit claims law firm missed statute of limitations

| Jul 17, 2019 | Legal Malpractice Law |

Understanding the complex details associated with litigation requires familiarity with policies and procedures that most people in Florida simply do not have. Thus, they turn to attorneys for assistance in handling their legal matters, assuming that the attorney’s industry will compensate for their lack of understanding. While each case may have its own unique complexities that require attorneys to expand their knowledge, it is assumed that they know basic things such as timely filing limits and case deadlines. This is why, when such small details are overlooked, people may be quick to accuse attorneys of negligence. 

That is exactly that accusations that is being made against a Texas law firm by women in California, Georgia and Indiana. They were each involved in lawsuits stemming from injuries caused by transvaginal mesh devices. Their most recent action against the firm claims that its attorneys failed to submit their claims prior to the statute of limitations expiring on their cases. They claim they were never told of this oversight. Instead, the law firm (which was handling thousands of similar claims against four different device manufacturers) simply lumped these claims into the settlements that received from others. Ultimately, the women received compensation ranging from $11,000 to $69,000. They state in their lawsuit, however, that had their claims been filed within the statute of limitations, they could have been entitled to millions of dollars. 

When the outcome of legal action appears to have been influenced by an attorney’s error, people may be justified in leveling accusations of legal malpractice. Anyone hoping to take such an accusation one step further and initiate legal action may wish to first consult with an attorney who has experience in handling these types of cases.