St. Denis & Davey, P.A.

Legal Malpractice Issues

Statutes of limitation and legal malpractice

| Oct 18, 2019 | Legal Malpractice Law |

Lawsuits that are filed in the state of Florida may be subject to statutes of limitation. A statute of limitation is the deadline by which an individual must file a lawsuit or potentially lose the right to do so forever. For instance, the statute of limitations in a personal injury case is generally two years from the date an injury occurred. Alternatively, it could be two years from the time a person first believed that he or she was hurt because of someone else’s negligence.

It is estimated that 13% of legal malpractice claims involve attorneys who failed to preserve a person’s ability to file a lawsuit. It is important that an injured victim keeps a statute of limitation in mind when determining whether to settle a case or file a lawsuit. In many cases, this can be done by marking the date on a calendar or by setting an alert on a mobile device.

If an attorney suddenly decides that it’s a good idea to settle a case quickly, it could be an attempt to obscure his or her mistake. Those who believe that they have been the victim of an attorney’s negligent behavior may want to pursue legal action as soon as possible. Generally speaking, a legal malpractice case can be filed before the case that gave rise to the claim has been resolved.

Individuals who are victims of attorney negligence may be entitled to various forms of relief. A second attorney may be able to review a claim to determine if the elements of negligence or legal malpractice were met. Typically, an individual must be able to show that his or her legal counsel violated a duty of care and that it resulted in losing out on a settlement or jury award.