West Palm Beach Probate Litigators know that a statute of limitations limits your ability to bring a claim in court. Do you know how long the statute of limitations is on your particular claim? Is it 6 months or 6 years? If you have a claim for malpractice does the claim start when you learn of it or when the attorney commits the alleged malpractice?
Statute of Limitations
- Florida Statute of Limitations vary greatly, some involving Delray Beach Probate matters are as short as a few months while others can go on forever. For example, criminal offenses like murder do not have a limitations period.
- Where can you find the statute of limitations on a probate action for Pompano Beach? Boynton Beach? Have you checked the Florida Probate Code?
- Can a statute of limitations stop tolling (counting forward) under certain circumstances? Palm Beach Probate Lawyers know how to bring a claim within the statutory period if at all possible.
Second District Court of Appeal in California Dismisses Malpractice Claim After Statute of Limitations Passed
- In an April 1, 2015 case (no April Fools here) a Court of Appeals in California dismisseda professional malpractice claim for $22 million of improperly disbursed settlement funds, because the plaintiffs had waited longer than the statute allowed.
- The plaintiffs had been involved in a multimillion dollar insurance dispute against a large insurance company. The plaintiffs trusted their lawyers to properly distribute the humongous settlement made in the case only to find out that $22 million was distributed improperly.
- Essentially the plaintiffs felt they had no notice so the statute could not toll under California law. The court said the plaintiffs were on notice after they approved the large disbursements in court documents.
- Do you agree?
- Did you ever sign something without looking at it?
- Did you know it could cost you millions?
- Ultimately the court here held that the “suspicious nature” of the settlement created a duty of the clients to inquire into the settlements.
- How can a client tell when something is suspicious? Isn’t that what the attorney’s job is?!
- You can read entire case of Britton v. Girardi 2015 WL 1519759 to learn more.
Florida Probate Litigators Know the Statutes of Limitations
- Are you sure that you can bring a claim after you waited so long? How many years ago was it that your aunt in Delray Beach took the house from your grandfather’s estate?
- Palm Beach Probate Litigators know that sometimes one act of fraud could also be brought as different claims, that may defeat the statute of limitations issue you are facing.