The Statute of Limitations for Malpractice From an Attorney
A statute of limitations in a claim of attorney malpractice puts a time limit on the claim. States individually set the statute of limitations for various types of claims. There are also rules governing exceptions to the times set by a state's statute of limitations. A claim of malpractice against an attorney is essentially a claim of professional negligence, so the statute of limitations for attorney malpractice may be similar to those for other types of professional malpractice.
Definitions
A statute of limitations is a law that puts a time limit on when an individual may file a lawsuit or when an individual can be charged with a crime. Statutes of limitations vary based on the type of case and the jurisdiction where it is claimed.
Attorney malpractice is a type of civil case brought by a client against an attorney, where the client asserts the attorney handled the client's case negligently. To win a claim of malpractice against an attorney, the plaintiff must show that, but for his attorney's negligent behavior, he would have won his case.
Function
The function of a statute of limitations in an attorney malpractice claim is to limit the amount of time a client has to legally assert that his attorney acted negligently. This time limit has multiple benefits, including making the legal system more time efficient and preventing the difficult task of litigating an old, stale case.
Time Frame
The statutes of limitations for a claim of attorney malpractice vary depending on where the alleged malpractice occurred. For example, in California the statute of limitations for attorney malpractice is four years from the date of the malpractice or one year from the discovery of the malpractice. In New York, the statute of limitations is three years from the date of the malpractice.
Warning
There are a few narrow exceptions to the statute of limitations. However, it is important that a client file her claim of malpractice in a timely manner if she believes her attorney acted negligently and caused her to lose the case. If the client does not bring suit within the statutorily set time limits, the claim is void, regardless of the severity of the consequences or the truth of the claim.
Considerations
Some states have exceptions to the statute of limitations. The discovery rule allows a client to sue an attorney for malpractice once he discovers the malpractice has occurred. Also, a statute of limitations does not begin to toll for claims of minors until the time they turn 18 years old. Finally, some states have narrow exceptions to cover state-specific occurrences. For example, in New York, the statute of limitations for a claim of wrongful death is two years, but it is raised to 2.5 years for victims of the September 11 terrorist attack of 2001.
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