My attorney failed to file my lawsuit in time
All claims must be filed within a specific period of time, generally known as the statute of limitations. If a claim is not brought within the applicable statute of limitations period, the case will be dismissed by the court upon a motion by the defendant, regardless of the merits of the case. One of the most common types of malpractice occurs when the attorney fails to file a lawsuit within the time required by law.
Whether any particular conduct by a lawyer is negligent and whether that negligence is a legal cause of damage can be quite difficult to determine. That is especially true in these “failure to file” cases. In order to prevail against the attorney in a malpractice action based on the attorney’s failure to file, the plaintiff must prove that he or she would have prevailed in the underlying claim had the case not been dismissed as barred by the statute of limitations. Proving this “case within a case” can be not only difficult but often very expensive. We are more than happy to discuss our experience in handling these types of cases and to evaluate the strength of your potential claim. We encourage you to fill out and send the “Case Evaluation” form.