Attorneys miss deadlines: statutes of limitation, appeal deadlines, and other time limitations. Sometimes the attorney screws up; sometimes a subordinate fails. This must be a frequent problem, because I’ve helped multiple people with claims for legal malpractice because the attorney or subordinate blew the statute of limitation.

Oregon law has MANY statutes of limitation. In fact, our malpractice insurer, the Professional Liability Fund (“PLF”), gives us all a book that summarizes the time limitations. That’s right, a BOOK of over 400 pages.

When an attorney misses a deadline, then it is easy to prove the first element of your legal malpractice claim. But that is not the end of the story. The next step is to maximize the dollar value of your claim.

Let me give you an example. I represented a man who was hurt in a car accident, and his attorney missed the time deadline.

Having practiced law for so long, I knew how to analyze medical records and work up the case as a car accident case. I was able to tell my client what I thought the settlement value was, and we hoped we could settle with the PLF without even filing a lawsuit.

We tried to settle. Unfortunately, this particular adjuster wanted all kinds of medical records, records to which the PLF was not entitled. She refused to negotiate without having every record she wanted. Consequently, we sued.

I worked with my client. By the time of the deposition, he seemed to know more about the ins and outs of personal injury cases than the lawyer for the PLF. My well-prepared client performed well in his deposition. Within weeks, the PLF paid a fair settlement value.

The point is: even though an attorney clearly screwed up, you still need a good lawyer to protect you from the insurance adjuster and to get full value for your claim. If you lost your legal rights because an attorney malpracticed by missing a statute of limitation or because of some other conduct, then please call me at 503-665-4234.