If you believe your attorney committed legal malpractice you might be able to seek compensation for your financial harm through a lawsuit.
However, prior to filing a claim, you should consult with an experienced legal malpractice attorney to identify the applicable statute of limitations and determine whether or not it has expired. Failure to timely file your case will preclude any recovery as a matter of law.
Generally, the statute of limitations for an action against an attorney arising from his or her performance of professional services, must be started within the earlier of:
- 1 year after you discover (or should have discovered) the facts constituting the wrongful act or omission; or
- 4 years from the date of the wrongful act or omission.
Therefore, if you are at all concerned that your attorney may have committed legal malpractice, you must act quickly to get all the facts you can. Get in touch with a legal malpractice attorney. One year might seem like a lot of time, but each case is different, and for some it can take longer than others to get the facts you need to gather evidence before filing your claim.
Are there exceptions to the statute of limitations?
There are four ways in which you can “toll” (delay or postpone) the statute of limitations for your legal malpractice case. They are as follows:
- No Actual Injury – If you sustained actual injury (damage) after the date of the alleged negligence, the clock for the statute of limitations will start at the time you are damaged rather than the time at which you discovered the negligence.
- Continuous Representation – If the attorney continues to represent you regarding the specific subject matter in which the alleged negligence occurred, then the clock for the statute of limitations starts at the time that representation ends rather than the date of negligence or its discovery.
- Concealment – If the attorney willfully conceals the facts constituting his or her wrongdoing, the statute of limitations is tolled (this tolls only the 4-year limitations period).
- Disability – If your legal or physical disability restricts you from filing a claim, the statute of limitations may be tolled until that disability ends.
Schedule a Free Consultation with Our Experienced Professional Liability Attorneys
For more information on the statute of limitations and other issues related to legal malpractice cases, schedule a free consultation with our legal malpractice attorneys: (415) 352-0980.