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leanna_4862

Professional Malpractice

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Professional negligence or malpractice is a tort cause of action recognized in every state in which the injured party claims that the professional has deviated from the standard of professional performance, causing injury. Such lawsuits must be filed within a time period prescribed by the statute of limitations. To learn more about this subject matter regarding your state, you may wish to visit the State Statutes of Limitations as a good resource. For further clarification, you may wish to consult with a local Lawyer.

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Is there a statute of limitations on professional malpractice?

There is a statute of limitation specifying how long the injured party has to file the lawsuit against the professional. How long that is depends on the applicable state law and may depend on what type of professional, too.

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Statute of limitations, Legal malpractice in Washington. Example: Washington State, a plaintiff must file his or her Lawsuit within three years of the attorneys negligence "or" within three years the date the client reasonably should have discovered the attorneys negligence. 

My mother and father retained the services of a Washington Lawyer, accident/incident on 01/08/2006 State of Utah, Oregon Farmers Insurance Policy(s) from Oregon. Lawyer not licensed to practice Law in Utah, In Oregon not Licensed until May 2008 ,Father and Mother speak or understand little or no English and nothing more than a 2nd grade education (Mexico), Documentation and/or paperwork never explained to them. Legal assistant of attorney spoke spanish. Its not until November 2012 that they (parents) got client files that I (son) noticed the that the lawyer may have possibly committed malpractice. I have filed a grievance against the lawyer,(on behalf of parents) and had to appeal the dismissal of grievance and review committee is reconsidering the dismissal. I wanted to find a lawyer who could file a malpractice lawsuit. I keep getting turned down to to the statute of limitations. What are my options(for parents) and whats the best and worst outcome for the lawyer and parents. 

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Caesar, it's best not to post a new query as a reply on a very old thread.  :)

You aren't saying who the defendant was, though you've indicated an accident occurred in Utah and that (I gather) an Oregon insurance policy was involved (whether theirs or someone else's, you don't say).

 

The fact that your parents speak little English and aren't well-educated wouldn't be facts that would overcome that the law would almost certainly decide that, if their case was settled or closed as of more than three years ago, that a legal malpractice action wouldn't survive a motion to dismiss/for summary judgment.

"I keep getting turned down to to the statute of limitations."

While I'm sure it's not a matter of you personally being "turned down" but instead someone saying there's no case because the statute of limitation has passed, there's nothing you can do about that, I'm afraid.  (Even if it weren't an issue, that doesn't mean someone would take on the case.  Not all cases are financially worthwhile to pursue for the attorney.)

You can't reasonably expect someone to speculate about best possible outcomes as to lawyer AND your parents based on what little info we have (you may want to re-read post, because you've given us very little to go on).  Worst case scenario is ... that nothing happens (including to the attorney as it relates to disciplinary matters).

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