Personal Injury Law

Professional Negligence

What is an example of attorney malpractice?

Let’s say that you were injured in an auto accident after another driver exceeded the speed limit and crossed into your lane of traffic. Clearly, the other driver was negligent in failing to operate her motor vehicle in a safe manner. However, the other driver’s insurance company refuses to give you a fair amount of money to repair your vehicle. You contact an attorney and ask him or her to handle the matter. The attorney contacts the other insurance company but then forgets to preserve your claim by failing to file a lawsuit within the requisite one year statute of limitations. This means that you can no longer sue the other driver for negligence, because the statute of limitations has run or expired on your claim. However, you have a very good case against your attorney for missing the statute of limitations.


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