Is there ways to get past statue of limitations if the previous attorney did not do their job?

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Is there ways to get past statue of limitations if the previous attorney did not do their job?

Asked on June 2, 2014 under Malpractice Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, if the statute of limitations has expired, your claim for medical malpractice is barred, and you won't be able to pursue it.

However, you can sue the attorney for negligence in a legal malpractice case for missing the statute of limitations.  Negligence is the failure to exercise due care (that degree of care that a reasonable attorney would have exercised under the same or similar circumstances to prevent foreseeable harm).  An attorney missing the statute of limitations is a classic case of malpractice.

It would be advisable to be represented by an attorney who handles legal malpractice cases.


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