St. Denis & Davey, P.A.

Legal Malpractice Issues

Missed deadline? It could be legal malpractice

| Mar 27, 2020 | Legal Malpractice Law |

Missed a statute of limitations? That can be a major problem for your case. While some judges might be persuaded to waive the statute of limitations in rare cases, it’s more likely that you won’t be able to bring your case at all.

So, what do you do if you missed the statute of limitations because of your attorney’s error? Maybe they sent you the wrong date for paperwork accidentally. Perhaps they didn’t turn in the document on time. At this point, it may be time to look into a legal malpractice claim.

Understand the statute of limitations

Understand that the statute of limitations is there to protect the other party and to make sure that you don’t file a claim after too much time has passed. Waiting until the last minute to file a claim is always a bad idea, but if you had time to file, your attorney should have helped you file on time.

It may be legal malpractice if your attorney does not file your legal paperwork on time. Did you know that around 13% of legal malpractice cases are a result of attorneys who didn’t file a client’s paperwork on time? It happens, and it’s something that you can file a claim over if you lose your right to file a lawsuit in the other case.

Mistakes do happen, but if an attorney misses something as simple as a deadline for your case, then it’s fair that you should be upset and may want to look into filing a claim against them to hold them accountable. Our website has more on what to do next.