The realm of legal malpractice stretches far beyond the acts of your attorney in the courtroom. In fact, in most legal malpractice cases, the error of the lawyer happened before trial, or happened in a transactional case, where a trial would never even take place.
Legal malpractice happens when your attorney commits an error, not always on purpose, which causes you substantial, usually financial, harm. These errors can range from missing a deadline in your personal injury case, to forgetting to include terms in your contract, to leaving out loved ones in a will. If your lawyer’s actions, or lack thereof, caused you harm, you may have a case for legal malpractice.
A common basis for legal malpractice is missing a deadline. In all claims whether they are based in tort, contract, or otherwise, there exists a statute of limitations - a deadline to bring your claim. When you hire a lawyer to assist you in prosecuting your claim he or she is responsible for determining the relevant statute of limitations on your behalf. If you sustained injuries in a motor vehicle accident you have three years to bring a claim against the responsible parties to seek damages for your injuries. This three year statute of limitations begins to run from the date of your motor vehicle accident therefore it’s important to timely seek legal representation when you have been injured.
A common fact pattern we see is you hire a lawyer and he or she begins working on your case. Months go by and you are calling the lawyer asking for updates but do not see any results. Before you know it, a few years have passed and your lawsuit was never filed. Now what do you do?
If you retained a lawyer and they failed to settle your personal injury claim or file suit on your behalf within the applicable statute of limitations you may have a legal malpractice claim. At Phillips Silver we will first review your case to determine what the applicable statute of limitations (deadline) is and if there exists any basis for tolling, or extending, this deadline. If your deadline has not already passed we can assist you by filing suit against the individual or company responsible for your injuries. If your deadline has already passed, we will review your claim and advise if there is a basis for a legal malpractice claim. Phillips Silver has helped many clients throughout Massachusetts seek recourse against their former attorneys and is ready to discuss your case with you. Contact us for a free consultation. www.pstas.com
The information you obtain on this blog is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact Phillips Silver and welcome your calls, letters and electronic mail. Please note, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
