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If your lawyer has been negligent in your representation and this negligence, or malpractice, has caused you damages or the inability to recover compensation which you were otherwise entitled to, you have the right to pursue compensation for your losses by filing a legal malpractice lawsuit. However, there is not an unlimited amount of time in which to pursue a claim. There is a deadline known as the statute of limitations that applies to civil matters such as legal malpractice lawsuits. Failing to file within the allotted time could jeopardize your right to seek damages. If you’ve been harmed by a lawyer’s misconduct, we urge you not to delay in speaking with our experienced legal team. Stanfield Bechtel Law can review and analyze for you how long you have to file your claim.
What is a Statute of Limitations?
The law prioritizes finality, reliable evidence, and resolution of civil claims that parties may have against one another. With these values in mind, statutes of limitations have been adopted which set deadlines on how long an aggrieved party has to take legal action by filing a lawsuit. Civil matters such as legal malpractice are subject to statutes of limitations.
The deadline set by the statute of limitations varies from one civil matter to another. It’s important to understand, however, that the deadline only applies to when a lawsuit is actually filed. Some lawsuits take years to resolve, long after the amount of time set by the statute of limitations. However, provided that the claim was properly filed in the correct court before the statute of limitations expired (or “ran”), then the case may proceed.
Connecticut’s Statute of Limitations For Legal Malpractice
The statute of limitations for legal malpractice is three years from the date that the claim arose. This means three years from the date of the alleged misconduct. A client who believes his or her lawyer engaged in misconduct needs to file a lawsuit within this three-year window to preserve the right to seek judicial relief in the form of monetary compensation.
There are potential exceptions to this three-year rule, but it should be stressed that they are limited and should never be used as an excuse to delay taking legal action. For example, the deadline may be extended if there has been an ongoing relationship with the attorney (continuous course of representation). Additionally, the statute of limitations may be tolled if the attorney has been attempting to remedy the harm and damages that his or her malpractice caused (continuous course of conduct). Other exceptions to the rule may apply in certain circumstances.
What Happens If I File Outside the Statute of Limitations?
If the statute of limitations runs before a client files a legal malpractice lawsuit, and no exception applies to extend/toll the deadline, then the client will be barred from seeking compensation. The lawyer who committed the malpractice will ask the court to dismiss the lawsuit and the judge will almost certainly grant the request. This will permanently deprive the victim of the ability to seek compensation.
Why You Should Take Action Early
Although you have three years to file a malpractice lawsuit, there are several good reasons to not delay doing so:
- Three years is not that long: Three years may sound like a significant amount of time, but in reality it isn’t. Life events will come up and make you forget about your claim until it’s too late to do anything about it.
- Time is necessary to prepare to file your lawsuit: Even after engaging an attorney for a legal malpractice action, time is necessary to obtain the file in your underlying action, review that file, analyze the claims and retain an expert you can testify about the malpractice (this will be a different attorney than the one you engage to pursue the legal malpractice action).
- Evidence weakens over time: The passage of time makes evidence less reliable, which is one reason why statutes of limitations exist in the first place. Memories fade, witnesses can pass away or become difficult to reach, and evidence can disappear or become harder to find.
- There may be disagreements over when the claim arose: If the deadline is close to expiring (or even if it isn’t), the attorney’s lawyer may dispute the date on which the claim arose (i.e., when the malpractice occurred). They may argue that it occurred more than three years ago. If this argument succeeds, the case will be thrown out.
- Time to pursue other options: While often a legal malpractice claim must be litigated, there are times when the matter may be resolved short of suit. If that is something you are interested in, there has to be appropriate time to still prepare the claims and explore these options short of litigation. Our attorneys at Stanfield Bechtel Law are happy to explore and discuss all options available to you.
Contact Us For Your Legal Malpractice Claim
If you’ve been harmed by attorney misconduct, we want to help you win the justice you deserve. Don’t wait any longer than necessary to reach out and connect with us. Contact Stanfield Bechtel Law to get started on your legal malpractice lawsuit.