A statute of limitation is the time period in which a lawsuit can be brought in a particular matter. When an attorney takes your case, he or she should carefully consider the statute of limitations in your case and file your lawsuit within the appropriate amount of time.
If your attorney failed to file your lawsuit or appeal before the expiration of the statute of limitations, you may be entitled to a recovery for his or her negligent malpractice. A legal malpractice claim is appropriate because your attorney’s failure to file your lawsuit or appeal within the statute of limitations means that you are no longer allowed to file your lawsuit and that you are no longer entitled to a monetary recovery on your claim.
In Florida, in order to prove legal malpractice, you must prove that you employed your attorney, your attorney neglected a reasonable duty, and that your attorney’s negligence was the proximate cause of your loss. In a statute of limitations cases, your attorney’s reasonable duty was to file your lawsuit before the expiration of the statute of limitations. Furthermore, in order to be successful on a legal malpractice claim, you will need to show that because your attorney failed to file the lawsuit on time, you suffered some sort of loss.
If your attorney failed to file your lawsuit or appeal within the appropriate statute of limitations, you may be entitled to pursue a legal malpractice claim. Your team at The Ison Law Group knows how to investigate and effectively litigate legal malpractice cases. Call us today, toll-free at 1-855-LAW-1215.