Can a malpractice claim be brought against an attorneys malpractice insurance?

Asked over 5 years ago - Gig Harbor, WA

If someone is incarcerated for years, and it is found there were issues with the attorney, and the case is dismissed, can you make a claim on the attorney's malpractice Insurance. Is there a statute of limitations? When does the time start?

Attorney answers (2)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . It's unclear what issues this lawyer had, and for there to be a case of professional negligence, this lawyer's work would have had to have been below the standard of care. The bigger issue may be the passage of time. In California, the statute of limitations for professional negligence against a lawyer is 1 year from the date of injury to the client. In this case, it sounds like any negligence would have had to have occured before the incarceration, so unless WA has a much longer statute, you probably cannot pursue this kind of claim.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Jonathan H Levy

    Contributor Level 20

    Answered . Depends on the Statute of Limitations and when you discovered the malpractice. You need to lay the facts out with - an attorney.

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