Edgar Law Firm LLC Trial Lawyers

Adeptly Guarding Your Business’s Interests

4 options to address a professional lapse in pursuing a claim

On Behalf of | Dec 13, 2023 | Legal Malpractice

Time is of the essence when it comes to legal matters, especially when the situation involves statutes of limitations.

In some unfortunate instances, individuals may find themselves in a predicament where their representative fails to meet the necessary deadlines for pursuing a claim. What options are available in such circumstances, and is there recourse for those left in a legal bind?

1. Evaluate the extent of harm

The first step is to assess the potential harm caused by the failure to meet the statute of limitations. Understanding the implications of the oversight is important in determining the severity of the situation.

2. Communication is key

Initiate an open and clear line of communication with the person responsible for handling the legal matter. Express concerns about the missed deadlines and inquire about potential avenues for rectification.

3. Explore alternative dispute resolution

Before escalating the matter to a formal legal complaint, consider alternative dispute resolution methods, such as mediation or arbitration. These approaches may offer a more amicable resolution without the need for protracted litigation.

4. Research legal malpractice

Legal malpractice may come into play if a lawyer fails to meet the necessary standards of competence and diligence. If your case falls within the scope of legal malpractice, pursuing a lawsuit against the negligent party is an option. Through the legal system, you may be able to seek damages for the harm caused by the failure to meet the statute of limitations.

In 2022, Missouri had 100 legal malpractice claims closed with an average payment of $160,766. Although a nuanced and complicated process, it may offer the best solution to receive compensation for handling the disheartening experience of a missed statute of limitations.

FindLaw Network