Melrose Law stands up for victims in North Carolina when the negligence of their own lawyers has cost them their cases and their chance at recovery. Melrose Law aggressively seeks to reverse the damage done by careless attorneys who miss critical deadlines. This lapse in professionalism hurts cases and the client’s chance to earn justice.
If you’ve been affected by an attorney’s negligence, we want to give you a second chance to heal physically and financially. Contact Melrose Law of North Carolina for a free case review to go over your options and find out how to hold your former attorney fully liable for mistakes made on your case.
Missing Important North Carolina Statute of Limitations Deadlines in Cases
A lawyer who misses important statute of limitations deadlines in a case and damages its chances for success commits legal malpractice. Missing a cut-off on important filing dates often ends the chances for victims to seek compensation. The court has no option but to dismiss a case. Even if victims are granted another opportunity to file a claim or lawsuit, they’ll have to wait even longer for help.
This wait is difficult for the victims of traffic collisions, workplace accidents, and other accidents. They might be juggling a stack of medical bills and losing paychecks while they can’t work.
A lawyer who misses a statute of limitations can be held liable and face a lawsuit. They would be responsible for the damages done to the case, and the support the victim likely lost due to the mishandling of the case. Lawyers carry professional malpractice insurance for these situations. Victims should be empowered to draw whatever they’ve lost from it.
At Melrose Law, our North Carolina Legal Malpractice Lawyers would be seeking these damages and more on the victim’s behalf:
- After a Failed Case: Reimbursement of the support the victim was seeking but never got the chance to earn.
- After a Case Victory: Victims may have been awarded some compensation, but they should have won more. Reimbursement for the difference between what victims won in legal claims compared to what they could have taken home had the case been handled correctly.
- The Expense of Hiring a New Lawyer. The cost the victim takes on to hire a new lawyer.
- The Return of Client Money. Any money held in a trust account for the case should be returned in full.
- Emotional Damages. Support for the added emotional distress victims are put through on top of the trauma caused by the original accident that led to the original claim.
There are certain aspects to your case, you might worry about. Finding evidence, securing witness testimony, and being treated fairly by insurers. However, you shouldn’t have to worry about simple matters of clearly stated deadlines. Meeting these time limits should be the easiest thing a lawyer does.
In some cases, a lawyer’s actions may be explained by simple carelessness. A lawyer could also have given another client preferential treatment, forgetting about basic services that should have been provided to all clients.
Sadly, lawyers can miss these important dates and get a case quickly dismissed. This might leave victims with nothing. Melrose Law wants the chance to protect victims and hold negligent lawyers fully accountable.
How Do I Prove Legal Malpractice?
In a legal malpractice claim, you would have to prove these factors and others:
- The parties involved had an attorney-client relationship.
- The attorney failed to act in the client’s best interest (e.g., missing a deadline for the case)
- Demonstrating the difference in what a competent lawyer would have done and the actions of the negligent lawyer.
- The client and the client’s case were harmed, and the client’s lawyer was to blame.
Documents like a retainer agreement, and emails and texts from the law firm will be important to your case. Expert witnesses in the legal field will usually be important to confirm the actions the lawyer should have taken.
Melrose Law will often be required to recreate the original legal claim, demonstrating the evidence that backed the case. This is critical in determining what the client stood to gain if the case had been handled professionally.
Important Statutes of Limitations in North Carolina
A list of the most applicable statutes of limitations in North Carolina may be helpful to clients, even though lawyers should know these time limits backward and forward.
These are some deadlines for filing some of the most common types of cases:
- Personal Injury Accidents: Injured North Carolina victims generally have three years after the date of an accident to file a lawsuit.
- Wrongful Death. Families who lose a loved one due to someone else’s mistake generally get two years from the day of the death to file a claim.
- Workers’ Compensation Cases. Workers seeking help after an on-the-job accident generally have a two-year window after the accident to file. Many workers rely on the help from Workers’ Comp Attorneys to get more support and over a longer period.
- Government Departments. City, County, and State agencies liable in accidents have more legal protections than most individuals and businesses. A victim hurt by the actions of a department like the City of Asheville Parks and Rec or by the NC DOT would usually only have a year to file a claim.
- Civil Fraud. Lawyers would usually need to have a claim prepared and filed within three years. Civil fraud can involve investment fraud, contract and mortgage fraud, and other types of financial impropriety.
Fees For Legal Malpractice Cases
Reach out to us for a free legal consultation. You may not be sure if your case was lost due to negligence. A North Carolina Legal Malpractice Lawyer can help you answer that question and determine what you might be able to win back. There’s no obligation, and this meeting is completely confidential. We represent clients in the Asheville area and across North Carolina.
You also don’t have to worry about the cost to hire another attorney after such a bad experience. Melrose Law works on a contingency basis. This means that we don’t get paid unless we win compensation from your former lawyer. Then, you still don’t have to worry about finding money to pay an attorney’s fee. Our fee is paid out of the money the law firm’s malpractice insurance provider must hand over to you.
