This is the most common form of legal malpractice claim. Because the limitations period is objectively determinable, breach is usually undisputed and litigation focuses on causation and damages.
The claim requires proving the underlying case had value and that a judgment would have been collectible.
Alternative Names:
Blown Statute, Missed Limitations Claim
Why it Matters?
These claims are effectively indefensible on breach, which makes them the clearest argument for redundant docketing systems. The available defenses are narrow: that the limitations period had not actually expired under a discovery rule or tolling doctrine, that the underlying claim lacked merit, or that the original defendant could not have paid. Each requires litigating the underlying matter fully.
Frequently Confused with
Related terms
Frequently asked questions
What defenses are available?
Is expert testimony needed on breach?
