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How can I get the statute of limitations clause lifted for a civil rights violations case, due to legal malpractice?

Rancho Cucamonga, CA |

I where wrongfully arrested, and my attorney told me he had filed the case but never did. Now he is suspended from practicing law, and I am unable to recover all of the damages.
(I can provide evidence in both cases; malpractice and civilly).

Attorney Answers 3

Posted

I do not believe that there is a way to "get the statute of limitations lifted," in a potential civil rights violations matter. But, in any case, you just might have an action for legal malpractice suit against your (former) attorney. The best thing for you to do is to contact an attorney, so that they can assist you in determining your options at this point.

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Posted

I am not sure what the questions is, but also not sure how much time has passed. You need to call your local Bar Association and talk to an attorney. Good luck!

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Posted

No. I don't believe so. The statute of limitation for state/ public entity claims is very strict. In California it is 6 months from date of incident (for personal injury), after you file your claim, the government has 45 days to respond. If the government agency denies your claim during the 45 days, you have 6 months to file a lawsuit in court from date the denial was mailed or personally delivered to you.

There is such thing as tolling statute but tolling does not usually apply to government claims. It sounds like you have a legal malpractice against your attorney. At least you have that...

Here are links to information regarding statute of limitation:
http://basic.cc-courthelp.org/index.cfm?pageid=2951&noheader=1
http://nahmodlaw.com/2011/10/27/a-section-1983-primer-5-statutes-of-limitations/
http://research.lawyers.com/Statutes-of-Limitations.html

Please consult with another attorney for a second opinion.

*Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer and I am not representing you in the underlying issue stated in your question. The response I have offered is not intended to be relied upon, you should seek out an attorney to assist in this matter. You may contact me directly at (415) 362-6765 ext.120; website: www.wc-advocateforjustice.com. (Attorney for Law Offices of William E. Weiss)

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