The law empowers those harmed by others to take legal action. People can pursue personal injury lawsuits and wrongful death lawsuits against other individuals or even businesses. They can demand accountability for causing harm or death.
Plaintiffs preparing to take legal action often review and develop their cases with the help of licensed attorneys. Sometimes, lawsuits do not proceed as planned because a lawyer blows the statute of limitations.
That can be such an egregious mistake that it constitutes legal malpractice.
What are statutes of limitations?
State statutes include rules limiting certain types of legal action. Statutes of limitations impose a specific timeline in which one party can pursue a legal matter. There are statutes of limitations that apply to minor criminal offenses. After enough time passes, the state may not be able to prosecute older offenses.
Statutes of limitations also apply to civil litigation. For example, those planning to bring a lawsuit after a car crash have up to two years in which to take legal action in most cases. A lawyer blows the statute of limitations when they fail to file the necessary paperwork before the opportunity to do so expires.
Lawyers should be well aware of the statutes of limitations that apply to the areas of law that they practice and should educate their clients on the matter as well. If an attorney fails to file paperwork in a timely fashion, their clients may lose the right to hold an outside party accountable for causing injuries.
In such cases, clients can potentially hold their lawyers accountable for failing to offer adequate representation. Filing a legal malpractice lawsuit is a perfectly reasonable response to a lost litigation opportunity caused by a blown statute of limitations.