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Failing To File A Lawsuit Before Statute Of Limitations Expire
There are specific deadlines that apply when someone wishes to file a lawsuit. These statutes of limitation start when the event occurs or when the individual uncovers the alleged harmful conduct. It is often quite difficult to determine when the statute of limitations operates to prevent you from achieving justice through your case. Therefore, you need an attorney skilled in interpreting the nuances of statutes of limitations in both the underlying case (the case within the case) and the statute of limitations applicable to your legal malpractice claim against your former attorney. Unless the statute is tolled (suspended from running out), you must bring your action before the applicable time limit expires. Failing to meet this deadline will result in a claim being time-barred. This means that you will be unable to bring your case against your former attorney forward, even if it were to be valid.
When you consult an attorney, he or she needs to be familiar with the statute of limitations applicable in both your underlying case and the statute of limitations applicable to your legal malpractice claims against your former attorney. Unfortunately, many valid claims are rejected by the courts because lawyers do not meet the specific filing timelines. They file too late due to a lack of knowledge of the specific laws, which may leave you with serious financial losses. If this is something that has happened to you, you may have a claim for legal malpractice. At William F. McMurry & Associates, in Louisville, we assist people who have been adversely affected due to the actions of their lawyer. With more than 35 years of courtroom experience, we know what to do to help you recover the money you have lost because of your lawyer’s legal malpractice.
About Statutes Of Limitations
There are many lawyers who are licensed in multiple jurisdictions. They handle cases in Kentucky and the neighboring states. Here in Kentucky, many of the statutes have a much more condensed time period than other locations, including Ohio and Tennessee.
Some of the various statutes of limitation which could apply to your underlying case in Kentucky include:
- One year for many physical and emotional injury claims
- Two years from the date of the last PIP payment (no-fault insurance) following an automobile wreck (consult a qualified attorney to determine this deadline with precision)
- One year for medical malpractice
- One year for legal malpractice
There are many exceptions to the above general time limitations, so it is important that you contact a qualified attorney to evaluate your case and determine the statute of limitations applicable to your case.
Missing the statute of limitations is one of the most common reasons that clients come to us for help with legal malpractice claims. We can review the options available to you to help you determine if you first have a valid claim, and then that your lawyer’s actions negatively impacted that claim. The complex nature of legal malpractice cases requires experienced guidance at each step. Our founding attorney, William F. McMurry, is the only attorney in Kentucky who is Board Certified as a Legal Malpractice Trial Specialist* by the American Board of Professional Liability Attorneys (ABPLA). Mr. McMurry is a past president of the ABPLA and currently serves on the Board of Governors of the only national organization accredited by the American Bar Association to certify trial specialists in the field of legal malpractice. With this level of experience, Mr. McMurry has helped many clients recover compensation when their lawyer has caused them to lose their case.
Schedule Your Free Consultation
Your attorney needs to know what law applies to understand the timeline in effect in your case. To learn more about what we can do to help, call our office at 502-326-9000 or go to our contact page to arrange a time that works for you.
*Kentucky does not currently certify attorneys as specialists in any field of law. However, Mr. McMurry has the specific credentials allowing him to be identified as a specialist under the rules of the Kentucky Bar Association in the field of legal malpractice.