Many people find the concept of legal malpractice somewhat confusing. They may not understand the difference between an actionable situation and basic disappointment with the outcome of a legal case.
Legal malpractice involves professional negligence or a significant deviation from current professional standards. Frustrated clients disappointed by their lawyer’s representation could potentially allege legal malpractice in scenarios where their attorneys don’t comply with current professional standards or do something so negligent that any other legal professional could have avoided the same mistake.
There are many reasons why people preparing to file a personal injury lawsuit, ranging from a medical malpractice lawsuit to a wrongful death lawsuit, might blame their attorney for the failure of their legal claim. A failure to take appropriate action before the expiration of the statute of limitations could potentially provide the basis for a legal malpractice lawsuit.
What does it mean to blow the statute of limitations?
State laws limit how long certain parties can take legal action. There are statutes of limitations that require prosecutors to pursue certain types of charges within a specific window of time. These rules help protect people from prosecution in cases where the evidence may have become so degraded that proving their innocence is all but impossible.
Similar rules apply to personal injury lawsuits. Plaintiffs intending to sue another person or a business have a limited opportunity to initiate their legal proceedings. Typically, plaintiffs must act promptly. Their lawyers should inform them of the statute of limitations that applies and help them take appropriate action before the statute of limitations expires. The failure to take necessary actions before it is too late to do so constitutes blowing the statute of limitations.
Ignoring basic legal details could be malpractice
The statute of limitations for personal injury lawsuits in Maryland is somewhat more forgiving than the rules in other states. Plaintiffs have up to three years after discovering the injury to take legal action in most cases. There are certain rules that impose different timelines in special circumstances.
Attorneys should help their clients identify what statute of limitations applies. Then, they should take all necessary steps to develop the case and file the appropriate paperwork with the right courts before the date when their opportunity to take legal action passes.
Information about statutory limitations on litigation is easily accessible and so basic that any lawyer should be able to immediately identify the statute of limitations that applies to a client’s case. Failure to advise the clients of what steps they need to take and to initiate litigation promptly could potentially warrant a legal malpractice lawsuit.
Reviewing what prompted a need for a personal injury lawsuit and the failure of the lawyer at issue with another legal professional can help frustrated clients seek justice. A legal malpractice lawsuit can lead to compensation for the impact that an attorney’s failure has had on their clients.
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