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Failure to File Case in Time

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Florida Legal Malpractice Attorneys

In a civil case, a statute of limitations operates as a deadline for filing a lawsuit. Should an attorney allow a statute of limitations to expire, your right to pursue a valid legal claim could be forever forfeited. Different types of civil legal actions have different time periods for filing. Some common statutes of limitations in Florida are:

Attorney time constraint

The general rule in Florida is that if an attorney is representing a claimant on a case that has a statute of limitations, a case must be filed in court within the designated period of time. There are very few exceptions to this rule. The attorney’s failure to file a timely lawsuit could constitute Florida legal malpractice because his or her client could be forever barred from proceeding further on their claim.

The 2-year rule

Once the statute of limitations on the underlying case runs, another statute of limitations starts to run on a legal malpractice claim. That extends for another two years after the statute of limitations in the underlying case expired.

Ways a statute can expire

Although it happens infrequently, lawyers usually don’t just let a statute of limitations slide by. Sometimes they might realize that the statute is going to expire, and then they sue the wrong defendant, or they file a lawsuit in the wrong place. Sometimes they miscalculate when the statute is set to expire. At other times, an attorney realizes that he or she let a statute of limitations run and conceals it from the client.

It might seem that it’s too late to bring a case against your attorney, but there still might be sufficient time.

You can schedule an appointment for a free consultation and case evaluation with a Florida legal malpractice attorney at our firm to learn more about whether a statute of limitations has run.

You might have a remedy, so do not delay.

Testimonials

"From the moment I first spoke with Alan Wagner I felt like someone had my back. That alone made me feel so much better immediately. From there he stuck by me, answered my questions, gave me excellent advice and got my case resolved. He is amazing!!! He is the first one I will turn to if I have any legal issues and the first one I will recommend. I can't thank you enough."
- Dave
Posted on August 11, 2017
"After receiving some horrific dental work, I turned to Jason Whittemore for assistance. He listened to my case, made suggestions and then took action! He was professional, attentive and knowledgeable. In addition, because he was able to settle the case without going to court, he didn’t charge me a penny! You can’t ask for better representation. Thank you Jason and team for all you have done for me."
- Lucie
Posted on Avvo on March 15, 2017
"Michael McLaughlin's name was provided to me from a close friend, so I realized immediately that this will be a great choice for my case. Everyone knows word of mouth from a close friend or family member for any type of service is solid. This was evident when I first met Michael 4 days after my accident when he arrived at my private residence. I reached out to him via phone call when I got home from the hospital and he wanted to come to my house the next day to get started - no time was wasted. He was very empathetic, down to earth, and honest with me and my wife concerning what to expect in the next 6 months with my case. He was spot on relating to expectations and what he could make possible in my favor to ease my stress as the months passed. He was devoted and hardworking along with his legal assistant Sharon keeping me aware of the progress of my case and relentless in reducing my medical bills and battling with the insurance companies. Michael also unexpectedly and drastically reduce his fees in order to provide us with additional funds we honestly never expected to obtain. He received an Excellent Rating because he earned it - Thanks Michael for what you accomplished for me and my family. High Recommended! Devoted - Hardworking - Relentless!"
- John
Posted on Avvo on February 23, 2017
"I hired Michael McLaughlin after being involved in a vehicle accident with injury. Michael was very easy to talk with and did not use legal verbiage but explained it very clearly and supported his concerns with clear documentation for my review. The entire time Michael kept me informed of the process and procedures and how each step was important my input and understanding would instrumental to the outcome of my case. His professionalism did not intimate but actually made me comfortable and confident i had hired the right person to protect my interest in this case were not minimized."
- Douglas
Posted on January 27, 2017
"They Fought the Big Guys and Won. After years of litigation against one of the largest corporations in the world, Alan Wagner and his team will be delivering a huge check from the defendants. Thank You. It pays to have a Board Certified Trial Lawyer."
- W.F. Casey
Posted on November 22, 2016
"Mr. Kevin McLaughlin took the time to reply to my questions and concerns relating to a recent incident. I also like that he and the other attorneys in his firm have much experience in specific areas of the law."
- Rick
Posted on October 17, 2016
"Alan Wagner took our case when numerous other lawyers would not. Though he knew that his return on investment would be low, he was willing to accept the case on principle. My wife and I didn't even have time to stop celebrating the fact that someone was willing to take the case before he actually had it settled. All along we were concerned about how much of our money we would ever be able to get back and he got every dime returned to us, with the payment plan in place in a matter of days from accepting the case. I can't say enough about his professionalism, demeanor, and knowledge."
- Chris
Posted on Avvo, July 23, 2015
"I could go on and on about Mr. Alan Wagner. I contacted him via his website and 30 minutes later I was on the phone with him himself. I explained my situation and while we were still on the phone he had sent a runner to the courthouse to get information that I would not have known how to get. He walked me through the entire process and, what had taken years with another attorney, took care of everything in about 90 days."
- Chris
Posted on Avvo, January 3, 2012
"Michael McLaughlin came highly recommended to me by another member of the legal profession. I was told that he and his firm were professional, highly esteemed and ethical as well which was very important to me. Michael was always available to me whether by phone or email. If I had to leave a message, I always heard back from him very quickly. When I thanked him for his time, he always reminded me that he was working for me. Michael kept me fully informed throughout the entire process and was thoughtful and kind. He was always honest and gave me realistic expectations."
- Tami
Posted on Avvo, November 17, 2015
"Mr. Jason Whittemore is a sharp, very responsive, attentive, professional. He always politely spoke the facts. He kept me informed at all times. The end result was that we won. He is the sole reason for winning this unusual case. I highly recommend Mr. Whittemore and if I need an attorney in the future he is first on my list."
- Aimee
Posted on Avvo, March 1, 2016
"Kevin McLaughlin is one of the most honest and hard working people that my husband and I have had the pleasure to deal with. We would both highly recommend him and his whole firm to anyone seeking legal assistance."
- Laura
Posted on Avvo, September 22, 2015
"Alan Wagner provided my sisters and I excellent advice that included a referral to an excellent Tampa estate attorney who was able to clean up a mess created by a Sarasota estate attorney we had hired and another our mother had hired thinking she was preparing her estate carefully. He was always very generous of his time as a sage advisor even though he had no financial gain from our case."
- Karen Giroux
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