A statute of limitations is an important deadline to be aware of if you’re considering a legal case. You typically only have until this date to get that case underway. If you do not do so in time, then you lose the ability to file. You may have had a valid case otherwise, but exceeding the time limit has severe ramifications.
But what happens if your attorney gets it wrong? For instance, maybe you approach an attorney and tell them that you’d like to start a legal case and you want their guidance. It’s already been six months, so you know you want to move quickly. Your attorney tells you that you have five years before the statute of limitations will expire, so you shouldn’t worry.
However, as it turns out, the statute of limitations on your specific case was just one year. You discover this when you and your attorney attempt to file the case six months later and find that you’ve exceeded the deadline and can no longer take legal action. What happens next?
Suing over legal malpractice
Unfortunately, missing the deadline may mean that you no longer have any option to move forward with your original case. However, if you can show that this caused you financial harm, you may be able to sue your former attorney for legal malpractice.
For example, maybe you had a clear-cut case where you suffered $100,000 in financial damages. You would’ve won compensation if your attorney hadn’t mixed up the dates, so you may be able to sue to get that compensation from the attorney directly. The goal is to make you financially whole, even though you can no longer start the case that you were initially considering.
As you can imagine, this is a very complex situation. It is important to have legal guidance from an experienced firm as you explore your options.