When the legal professional you have engaged to handle your case or business drops the ball, it can open you up to significant losses or consequences. It could be clerical errors, fraud, conflict of interests or even missed deadlines, among other forms of legal negligence. Such avoidable mistakes may amount to malpractice, and you can hold the negligent party accountable.
However, it is crucial to understand the role or significance of the statute limitations to your legal malpractice case and how it may come into play.
What is the statute of limitations?
Think of the statute of limitations as a legal window within which you can take your case to court or, in other words, seek legal recourse. If you go past the statute of limitations, you will generally lose the right to obtain compensation for the losses you suffered from the malpractice. In essence, you will be giving up your right to recover damages.
New York law provides victims of legal malpractice three years to commence legal action or seek the court’s intervention when pursuing compensation.
When does the clock start ticking?
The legal deadline to bring legal action against the negligent legal professional starts running out when the malpractice occurred or should have been reasonably discovered. That said, certain technicalities can ‘toll’ the statute of limitations, thereby extending the time prescribed by law. It all depends on the unique particulars of your case.
Protect your legal rights
Legal professionals are expected to discharge their duties diligently, in good faith and in the best interests of their clients. There is no room for negligence or unnecessary blunders. As a victim of legal malpractice, taking the necessary steps can help you recoup your losses and protect your interests.