Attorneys can charge hundreds of dollars per hour for the services they provide because of the precision required when practicing law. The need for expertise and specialized experience makes the cost of retaining an attorney reasonable given what they must do for a client.
Those who hire lawyers to handle a personal injury lawsuit or similar scenario trust that the lawyer they retain should act in their best interests and comply with all existing professional standards. Unfortunately, sometimes the lawyers that people hire make seemingly minor mistakes that have significant implications for the client.
Errors related to the timeline for pursuing legal action may seem relatively minor but can ultimately prevent an individual from pursuing a legal matter successfully. Mistakes related to the statute of limitations can be incredibly costly for the client involved.
How statutes of limitations work
New York, like most other jurisdictions, limits how long one party can take legal action against another. There are statutes of limitations that apply to many minor criminal offenses. After enough time passes, the state can no longer prosecute someone accused of specific criminal activities. Similarly, those harmed by the misconduct or negligence of another party only have a limited window of time in which they can take legal action.
For most types of injury lawsuits, plaintiffs have up to three years from the date of an incident to initiate litigation. However, in wrongful death cases where families take action after losing a loved one, the statute of limitations may give them only two years to seek justice after a tragedy.
If an attorney fails to advise their clients about the statute of limitations, doesn’t file appropriate paperwork with the courts or waits too long to initiate litigation, their client could lose the right to hold a business or individual accountable for causing harm to others. A simple mistake like writing down the date of the incident incorrectly could lead to an attorney failing to take action before the statute of limitations expires. Their client then loses out on the only form of recourse available to them.
Obvious mistakes can constitute malpractice
If another lawyer can easily recognize how one attorney failed their clients, then the situation might constitute legal malpractice. If the root cause of an unfavorable outcome is something that most lawyers could prevent, then the situation may constitute malpractice.
Failing to act before the statute of limitations expires is an egregious oversight on the part of an attorney. A legal malpractice lawsuit can compensate clients for the losses they incurred because the lawyer failed to advise them on the statute of limitations or take action in a timely fashion. That lawsuit can also motivate an attorney to improve how they represent their clients in the future. Filing a lawsuit against a lawyer who let the statute of limitations expire can diminish the harm caused to those who had reason to sue but cannot due to the failure of their attorney.