As Florida legal malpractice attorneys we understand that a statute of limitations is a law that provides for a time period that, once past, forever bars you from pursuing a particular legal claim. Breach of contract, for example, carries a five-year statute of limitations in Florida. The statute for negligence actions is four years, and the period is two years for professional liability cases targeting lawyers, physicians and accountants.
These are general rules. There are many questions a lawyer must ask himself or herself before the statute of limitations expiration date can be properly calculated, questions such as when does the “statute of limitations clock” start ticking, and whether there are any facts that might stop the clock from ticking for a period of time.
As Florida legal malpractice attorneys, we believe that one of the first things that a lawyer must do in handling your case is to properly calculate the statute of limitations: This is good news for you if you are our client. If you have been victimized by the negligence or incompetence of a lawyer who allowed the statute of limitations to expire by wasting time suing the wrong defendant in your case, or by filing an incorrect claim, or by conducting improper investigation or discovery, or simply by paying insufficient attention to your case.
You can trust our experience and aggressiveness in achieving justice for you. At the legal malpractice law firm of Schuler & Lee, we believe lawyers should be held accountable when they violate the basic rules for proper handling of your case, including allowing the statute of limitations to expire.
We serve clients all over the state of Florida from Tallahassee to Jacksonville to Miami.
Holding Lawyers Accountable
Lawyer mistakes relating to statutes of limitations are frequently grounds for legal malpractice claims. Did your lawyer identify the wrong defendant or improperly calculate the statute of limitations regarding your claim? Did he or she fail to conduct adequate discovery or investigation into the matter, never realizing the importance of bringing a particular defendant into your lawsuit?
A statute of limitations can get away from a negligent attorney for several other reasons. Let’s say that a defendant was properly named, but your law firm failed to properly serve the complaint on the defendant before the statutory time limit ends. An attorney’s failure to complete a proper investigation in a timely fashion could lead to the omission of a defendant who should be named in your case.
At Schuler & Lee, we find many of these attorney errors could have been avoided. When mistakes like those cost you money or injure your reputations, call the Florida legal malpractice attorneys at Schuler & Lee.