Court tosses case after attorney files suit a few months late, now what?

Deadlines are serious in the legal world. A failure to meet these deadlines, referred to as the statute of limitations, can mean a case does not get its day in court. If that failure is the result of poor counsel, the victim could hold that attorney accountable through a legal malpractice claim.

Case provides an example: Attorney files lawsuit three months late and court refuses to allow it to move forward

The case that led to the allegations of legal malpractice involved a woman seeking wrongful death. The case states it took over 90 minutes for police to respond to a call to 911 for emergency aid. During the call, the documents notes that the responder repeated asked about the race of the victim. The caller was often put on hold and the call was disconnected multiple times.

The woman hired an attorney to bring a wrongful death suit. The attorney sent a demand letter and notice of a claim to the defendants, who rejected the claim. Almost two years later, the attorney handling the claim filed the wrongful death lawsuit. The court tossed the claim out because the attorney had missed the statute of limitations.

The woman took her case to another attorney to review the matter for a legal practice claim. The attorney agreed and has filed a lawsuit seeking more than $1 million in damages.

Application to other cases: We can hold bad actors accountable for poor legal representation

It is reasonable to expect the attorney we hire to provide prudent counsel. Those who do not can be held accountable through a legal malpractice claim.

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