Legal Question in Legal Malpractice in North Carolina

Re: unfiled lawsuit

You may have a legal malpractice claim against the attorney for missing the statute of limitations. Did this happen in NY or NC? If NY, feel free to contact me and provide some details so we can see if its a case we can help you with.

Re: unfiled lawsuit

If the attorney acted negligently, that is, he or she did not act in within the standard of care required under the governing state law, and that negligence resulted in a loss to you, you have a claim for malpractice, providing that your claim is brought within the relevant statute of limitations. Applying that rule to your case, if you engaged the attorney with sufficient time to bring the case before the statute of limitations ran out and there are no other mitigating reasons why the claim was not brought in a timely fashion, you most likely have a valid claim.

If your claim arises in New York, I'd be happy to discuss it with you. Please feel free to get in touch.

Re: unfiled lawsuit

The other responses are correct. The failure to file a lawsuit within the statute of limitations is one of the more common grounds for a legal malpractice case. You almost certainly need an attorney to guide you through the process. Feel free to contact me if you are in North Carolina (or if your claim arose here).