If you’re considering a legal case of any type, one thing to think about is the statute of limitations. If you haven’t been through the court process before, you may be unaware of what this refers to. The best way to think about it is as a deadline. You only have until that deadline to bring your case to court.
For example, in New York, the statute of limitations for personal injury cases is three years. If you are injured in a car accident, you may need substantial compensation for medical bills and related costs. But if you wait more than three years to begin your suit, even if you have clear evidence that you suffered injuries due to someone else’s negligence, you’ve missed your opportunity to sue them for financial compensation.
How could this lead to legal malpractice?
One potential issue you may run into is if you get inappropriate legal guidance from your lawyer. For example, say that they tell you the statute of limitations is five years, so you think you have plenty of time. But they were actually looking at the wrong statute of limitations. There is an entire list of them used under New York law, such as a one-year statute of limitations for defamation or six years for fraud.
But if your lawyer gives you the wrong date and you miss that deadline, it could undermine your case. You suddenly can’t seek compensation, even though you know you’re facing significant medical bills. In a situation like that, you may have to consider a legal malpractice case to seek the compensation you deserve from your former lawyer.
But be aware, there’s also a legal malpractice statute of limitations in New York, which is set at three years. Make sure you know exactly what steps to take.