Statute of Limitations: What Does it Mean?
Both lawyers and clients should be aware of the possibility of legal malpractice during the course of a court action. In order to prove a malpractice claim, a client must show that his legal representative did not provide an adequate level of professional care and that the breach resulted in quantifiable damages.
Statute of Limitations
But before any legal malpractice action can commence, litigants should be aware of the two-year statute of limitations that exists in Florida. In short, this means that a suit must be filed within two years from the time when the plaintiff knew (or should have known) that an actionable legal malpractice had occurred.
Parsing the Time Frame
It is not always a clear-cut issue in determining when the statute of limitations expires. Often, the legal wheel spins slowly, and it is not until much later a client is able to see that his or her case might have been handled poorly. Even if you think the statute of limitations might have run its course, our Florida legal malpractice attorneys may well be able to help you.
As related to court cases, a good rule of thumb, established by the Florida Supreme Court (in Silvestrone vs. Edell), is that the two-year time clock starts running when the final verdict in a case is delivered. In the other major area where legal malpractice occurs – involving business transactions – the determination is often murkier. In general, the statute begins to run either at the moment the client first becomes aware of the malpractice, or when all remedies have been exhausted.
The Bottom Line
A client has the right to expect that his or her attorney will handle the case competently and in accordance with the legal and ethical rules governing lawyers. Anything less is unacceptable. While a positive verdict is never guaranteed, proper handling of your problem should be a given.
If you have any questions regarding statute of limitations in Florida, contact Florida Legal Malpractice Attorneys @ Trials and Errors, Today!