Boise Trial Lawyer Alan Morton Sues Another Lawyer for Legal Malpractice on Behalf of His Client
A lady called to advise that her lawyer failed to file a lawsuit on her behalf prior to the expiration of the statute of limitations. Apparently, the lawyer had relied upon a police report in calendaring the date of the accident upon his calendar, but the date noted on the accident report was wrong. The lawyer told the client that he discovered the mistake too late, and there was nothing he could do to fix the error. The lawyer had filed the lawsuit one day after the statute of limitations had expired.
In review of the file, I noted that the former lawyer and his staff had failed to review the client’s medical records from the emergency room that they had received early in the case. Had they done so, they would have discovered the correct date of the car crash and noted the same on the lawyer’s calendared. In this case, the lawyer and his staff had failed to do so resulting in the error going undetected until after it was too late for either the client or the lawyer to correct the mistake. Furthermore, the lawyer also had failed to review carefully the correspondence he had received from the other driver’s insurance company noting a different date of the accident in the reference line of the letter.
Legal malpractice is a form of professional negligence. It occurs when a lawyer acts in a negligent manner on behalf of a client, and as a result of that negligence, the client’s case or defense is damaged.
As I met with the client and heard her story, it was apparent that the lawyer and his staff had committed legal malpractice by calendaring the wrong date of the accident on the lawyer’s calendar. The lawyer and his staff should have reviewed the medical records as they arrived into the office and double checked the date of the accident from the medical records, but failed to do so. Hence, the lawyer filed the lawsuit one day after the date the statute of limitations had expired, and as a result of that error, the lawyer committed legal malpractice.
THE STATUTE OF LIMITATIONS FOR PERSONAL INJURY FOR AN ADULT IN IDAHO IS TYPICALLY 2 YEARS FROM THE DATE OF THE CAR CRASH.
In Idaho, an adult plaintiff has typically only two (2) years from the date of an accident to file a lawsuit for personal injuries arising from a car crash. The failure to file a lawsuit prior to the expiration of the statute of limitations prevents a plaintiff from obtaining any compensation for the injuries or damages arising from a car crash.
In this case, the attorney failed to file a lawsuit prior to the expiration of the statute of limitations, but, fortunately, the client was not without a legal remedy. Albeit, the client couldn’t sue the responsible party for the injuries and damages she had incurred as a result of the car crash, the client had a right to sue the negligent lawyer for malpractice for the damages the client could have received had the lawyer acted properly by filing the lawsuit in a timely manner.
THE STATUTE OF LIMITATIONS FOR SUING A LAWYER FOR LEGAL MALPRACTICE IS 2 YEARS FROM THE DATE THERE IS EVIDENCE OF SOME ACTUAL DAMAGE ARISING FROM THE LAWYER'S NEGLIGENCE.
In Idaho, the Statute of Limitations for suing a lawyer for legal malpractice is two years from the date of the incident that forms the subject of the complaint. The accrual of the statute of limitations begins on the date when there is objective evidence of some actual damage. Hence, in this case, since the statute of limitations expired against the other driver for negligence within 2 years of the date of the accident, the statute of limitations for suing the lawyer for malpractice would expire 2 years after the original statute of limitations against the other driver had expired. So although the client was prevented from being able to sue the other driver for the damages he incurred as a result of the car crash since the lawyer failed to file the lawsuit prior to the expiration of the statute of limitations, we were successful in suing for client’s damages he incurred by way of a lawsuit against the lawyer for legal malpractice!
BOISE LEGAL MALPRACTICE TRIAL ATTORNEY ALAN MORTON HAS THE EXPERIENCE YOU NEED TO PURSUE A CLAIM AGAINST YOUR FORMER ATTORNEY SHOULD YOU BE DAMAGED DUE TO YOUR FORMER COUNSEL’S LEGAL MALPRACTICE.
If you have incurred damages due to your lawyer’s legal malpractice, you should consult with an attorney who is experience in handling legal malpractice claims. Boise Legal Malpractice Trial Lawyer Alan Morton has the experience of over three (3) decades of helping clients recover compensation for claims against their former attorneys for professional negligence (legal malpractice). Mr. Morton is willing to talk with you in a confidential setting at his office or your home, workplace, hospital or any other convenient ocation in a free intial consultation to help you better understand your legal rights and remedies. Don’t hesitate to contact Mr. Morton at 208.344.5555, toll free at 888.716.8021 or by completing an online contact form. You may also wish to review the many testimonials from Mr. Morton’s former clients regarding the outstanding service they received from Mr. Morton and his staff at Morton Law Offices, Chartered. Mr. Morton has represented clients throughout the State of Idaho seeking a recovery for the mistakes that clients’ former lawyers have made on the clients’ behalf that result in damaging a client’s case and cost their clients the ability to either obtain compensation on behalf of their client or defend the client’s case due to the negligence of their lawyer.