One of an attorney’s most fundamental responsibilities is to manage the deadlines set by law. When a lawyer fails to file a lawsuit before the statute of limitations expires, the consequences for the client are often catastrophic. This failure is not just a simple error; in Missouri, it can be a clear case of legal malpractice.
The ticking clock of a statute of limitations
Every legal claim comes with an expiration date. This deadline, known as a statute of limitations, is a strict cutoff point for filing a lawsuit. If your case is not filed in court before this date passes, you generally lose your right to sue forever, no matter how strong it was.
Why a missed deadline is a breach of duty
An attorney has a professional obligation to know and follow all relevant deadlines for a client’s case. Overlooking or missing a statute of limitations is a profound failure of this duty.
Because this single mistake can permanently destroy a client’s ability to seek justice, the law considers it a classic form of legal malpractice.
Missouri’s “case within a case” standard
Proving your former lawyer missed the deadline is not enough to win a malpractice claim. Missouri law also requires you to prove that your original case had merit and that you would have likely succeeded if they filed it on time.
This is the “case within a case” requirement, which means your new attorney must effectively argue and win two cases at once.
A critical error with its own deadline
Under Missouri law, a legal malpractice claim is also subject to its own statute of limitations. This new deadline starts when the damage is “sustained and capable of ascertainment.” This is typically the same moment your previous attorney missed the original deadline.
Delaying could mean losing your right to hold your previous attorney accountable. If you believe a lawyer’s error forfeited your legal rights, consider speaking with an experienced lawyer to evaluate your situation.
