A commonly used but maybe not always completely understood legal phrase, statute of limitations, is often the basis for a legal malpractice claim. A statute of limitations places a time limit on pursuing a legal remedy for wrongful conduct. After the statute of limitations expires, the injured party loses the right to file a lawsuit to recover damages. The time limit begins at the time the injury is suffered.
There are different time limits for when an action must be commenced based on the type of case it is. For example, the statute of limitations for a personal injury claim is different than that of a contract claim. Additionally, there are a few reasons for which a statute of limitations may be “tolled”, meaning something has stopped the statute from running for a period of time.
If a person is injured and wants to bring a claim against the responsible party, it must be done within the time set out by the statute of limitations. An attorney’s failure to bring suit within that timeframe can cause the case to be dismissed and essentially, cause the injured party to become a victim for a second time. If the attorney you hired to handle your case missed the statute of limitations, contact our office to discuss your options.