Santa Cruz County Attorney for Statute of Limitations Issues

Legal Malpractice Lawyer Serving Silicon Valley, Oakland and the San Francisco Bay Area

A statute of limitations is a legal deadline. This type of law defines how long you have to take some sort of legal action. Usually, a statute of limitations will dictate the deadline for filing a lawsuit. You must file your suit within that timeframe, which is usually based on when you suffered an injury or other damages. Otherwise, you will not be able to sue, and thus you will not recover any compensation. 

In California, there is a statute of limitations for every type of lawsuit. It is up to your attorney to determine how long you can wait before filing your case. Your attorney is also responsible for advising you on the best course of action, in light of that deadline. California courts are very strict about the statute of limitations. Thus, if your lawyer misses that deadline, you will not be given a second chance to sue. This may amount to legal malpractice.

Impact of Statute of Limitations

Of course, if you miss the deadline provided in the statute of limitations, you will not be able to present your case in court. You will miss out on any compensation that you might have received had your case been filed in a timely manner. Knowing and adhering to the time restrictions in the applicable statute of limitations is part of competent legal representation. When your attorney’s actions, negligent or intentional, cause you to miss that deadline, he or she may have committed malpractice.

Your Damages

When your attorney commits malpractice, California law allows you to sue him or her for certain damages. Generally, these damages are what you would have recovered if your attorney had not committed malpractice. Below are the factors you have to prove in your legal malpractice suit:

  • An attorney-client relationship existed;
  • Your attorney acted negligently in the course of representation;
  • His or her actions caused your damages; and
  • The presence and extent of your damages.

Proving your damages in a malpractice lawsuit involving a missed statute of limitations can be tricky. You will be trying to show how much you would have recovered in a lawsuit that was never filed. However, proving these damages is essential to your malpractice case. Because this area is quite complex, consider contacting an experienced legal malpractice attorney. Your attorney can figure out what your damages are in the underlying case and present that evidence at trial.

Bay Area Plaintiffs-Only Malpractice Firm

If you live in the Bay Area and are the victim of legal malpractice, contact the Law Offices of John P. Hannon II. Our firm is dedicated to helping plaintiffs who were wronged by their previous lawyers. With our firm, you can rest assured you will work with a lawyer who understands the importance of your case. With 30 years of experience, Attorney Hannon has helped clients through a wide variety of malpractice cases. He is known throughout the Bay Area as the litigator other attorneys turn to for help, and he is ready to take your case to court.