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Can I sue a lawyer for blowing the statue of limitation on my case?

Quincy, MA |

I got into a car accident in 2007, I was struck by a drunk driver. So it's a clear win, my lawyer(currently disbarred) Blew the statue. Now I'm leaved with nothing my scars. What is my next step?

Attorney Answers 9


  1. Yes, you would have a claim of legal negligence. Be forewarned, no case is cut and drive. Getting hit by a drunk driver is serious, but there are many more issues. Some examples - how did the accident occur, were you injured, did your attorney have insurance. Contact a local and qualified attorney tomorrow. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. You may be able to pursue a malpractice case but you will need to sit down with an experienced legal malpractice attorney to see if you have a case.

    Good luck to you.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. Your next step is getting a legal malpractice lawyer to review the case with you.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  4. It depends in part when he lost the license to practice law. If you lost it after the statue limitation it's malpractice. If you lost it before the statue ended, the lawyer may not be liable



    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

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  5. I agree with my colleagues, you should contact a local legal malpractice attorney to proceed with your case.


  6. I am quite sorry to hear that.

    You should take all of your paperwork to another attorney, who will be able to file a claim against the attorney. You may want to look to see whether the attorney had insurance. If there is no insurance, and the attorney is disbarred, collection may be a problem.

    The details are important, so put together your paperwork and schedule a visit with an attorney you trust.

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.


  7. As indicated, you will need to speak with an attorney that handles legal malpractice. You should bring your entire file with you including any correspondence that you had with the attorney in question. You will need to show that you had an attorney-client relationship specifically to pursue to injuries related to the accident. For instance, an engagement letter or fee agreement is ideal as well as anything to show that you were in contact with him/her. Malpractice cases are a case within a case, in that you have to still prove the underlying case as you still have to prove that you would have won the underlying case in addition to the malpractice. So I would also bring with you all of the evidence to prove the underlying case including liability and, most importantly, damages.


  8. From the description provided, it is unclear whether you would have a legal malpractice claim, but you should immediately contact an attorney who has experience handling legal malpractice claims to discuss the particulars and finer details.


  9. An attorney is negligent if he/she fails to use the skill and care that a reasonable careful attorney would have used in similar circumstances.”

    In most cases, the standard for the “skill and care that a reasonable careful attorney would have used in similar circumstances” must be established through the presentation of expert testimony. This means that in almost every case your malpractice attorney will have to hire another attorney to serve as an expert and explain to the jury specifically what your former attorney did wrong.
    An attorney is negligent if he/she fails to use the skill and care that a reasonable careful attorney would have used in similar circumstances.”

    Calendaring errors remain a leading cause of malpractice
    claims. Common mistakes include data entry errors, failing to use file review dates, absence of a
    back-up calendar and procrastinating until the last minute to file documents. To avoid this trap, an
    office must have at its organizational core an office-wide calendar and practices in place regarding its
    use. The system should contain the following characteristics:
    • Be easy to use, maintain and teach to new personnel
    • Include some redundancy, either through multiple paper calendars or the computer
    • Contain an off-site calendar backup in the event of a fire or other disaster
    • Have the capacity to crosscheck between the master calendar and the back up calendar to
    catch calendaring errors
    • Have at least one docket date for every open file to ensure that all files are reviewed
    regularly
    • Include tracking procedures that enable the firm to identify who made any given entry
    • Make all attorney and non-attorney staff accountable
    A standard calendaring system sets forth all items to be calendared, the frequency of reminder
    dates, the applicable deadlines for the various types of cases the firm handles and the firm's own
    deadlines for events it considers critical. For example, a firm might require all lawsuits to be filed no
    later than three months prior to the running of the statute of limitations. When the office accepts a
    tort claim, for example, support staff knows that a 3-month date (which indicates the imminent
    running of the statute of limitations) must be calendared. Critical firm deadline dates of this type will
    dictate the calendar entries made by the staff. Of course, it is the attorney's responsibility to calculate
    those important dates, and it is recommended that the attorney place his or her initials on the file
    intake sheet to identify who is responsible for the calculating of a particular date.Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule:

    •The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
    •Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)

    As a general rule each state has its own statutory guidelines that govern attorney malpractice statute of limitation actions. Generally, the client must bring a malpractice action while the attorney is handling the current case. Statute of limitations on legal malpractice prevents an unnecessary onslaught of previous disgruntled or alleged wronged clients from coming back years later claiming the attorney did not engage in professional due diligence in litigating the client's lawsuit.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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