Our firm has recently handled two legal malpractice cases. Both of the cases involved an attorney letting the statute of limitations for an accident or injury case run. In Florida the statutes are four (4) years for normal accident, two (2) years for medical malpractice and two (2) years for death claims.
Lawyers can get in trouble when the accident happens in another state or country or the insurance company is taken over by the Florida Insurance Guarantee Association (FIGA). FIGA reduces the statute for Florida cases to one (1) year from a specific date. The lawyer may not realize that the statutes of limitations of the State where the accident took place is the one that applies. For example, the statute of limitations in California is two years for an injury/accident case. If a suit is not filed within these shorter time limits an attorney can be made to pay for a client’s injuries and damages.
If you live in Florida but you have an accident outside of Florida always ask your attorney what the statute of limitations is for filing suit in the place where your accident took place.
If you suspect your attorney has let the statute of limitations run please call our office and we will investigate your legal malpractice case and attempt to get your attorney to pay you for your injuries and damages.
If you are successful in a legal malpractice case you do not have to pay back a worker’s compensation carrier any money they paid to you. The Court recently held that a legal malpractice case is not a third party liability case under Florida State 440.39 and therefore the workers compensation insurance company does not have any subrogation rights against the legal malpractice settlement.
Contact Us TodayKlemick & Gampel
1953 S.W. 27th Avenue
Miami, FL 33145
Phone: (305) 856-4577
Fax: (305) 859-9708
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