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Your attorney needs to understand the statute of limitations

If you have started a legal case, you are counting on your attorney for guidance and instruction. They can help you navigate this complex process, as you likely have never done it yourself. They can tell you when to file certain paperwork and what steps to take.

One area that the attorney needs to understand is if a statute of limitations applies to your case. This is a deadline by which you need to have started your case or you may not be able to legally do so. Even if the case otherwise would have been completely valid and you stood a good chance of winning, the statute of limitations can make such a suit impossible. If your attorney made a mistake, such as telling you the wrong deadline or not understanding that a statute of limitations existed at all, this could cost you the case.

What is a common statute of limitations?

The statute of limitations is going to depend on the specific type of case that you start. But one common example is with a personal injury case. Under California law, you generally have two years to file this case after you’ve been injured or you’ve learned of your injuries.

If you’ve been injured due to someone else’s negligence, you could be facing significant costs. You may not be able to work again and you may need ongoing medical care. If you file the case in time, you can get compensation from the negligent party. But if you miss the statute of limitations because your lawyer made a mistake, then you might not get any compensation at all.

You can see how problematic this may be for you, so it’s important to know exactly what steps you can take if you have experienced legal malpractice.