Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.

What is a statute of limitations? 

On Behalf of | Jan 9, 2023 | Legal Malpractice

A statute of limitations is very important to a legal case. It is a deadline by which a certain action has to be taken. After that deadline is reached, even if the case would have been valid otherwise, it may not be able to proceed due to the statute of limitations having been exceeded.

For example, in New York, there is a statute of limitations for medical malpractice cases. This begins either when treatment ends or when the malpractice takes place, and it lasts for two years and six months from that date.

If you wanted to seek compensation due to an injury suffered due to medical negligence, but you waited for three years to seek that compensation, you would no longer be able to do so. It’s very important to understand when these deadlines are and how they can impact your options.

This could lead to legal malpractice

It’s also important for your legal team to know about these deadlines because failing to adhere to them could be an example of legal malpractice. For instance, maybe you hired a lawyer and they told you that there was no statute of limitations on this particular type of case. You took time gathering evidence and preparing the case, and then you went to file. That’s when you found out that the lawyer was wrong, there was a statute of limitations and you had waited so long that you missed it.

This could cause you serious financial harm, especially in a case where you likely would have won if you simply would have filed in time. You expect your legal team to understand all of these stipulations and to act appropriately. If they did not, then you may need to look into what other options you have at your disposal.