QUESTION

I hired an attorney to handle my auto accident I just found out he failed to file within the statue of limitations. What are my legal rights?

Asked on Jun 11th, 2012 on Automobile Accidents - Colorado
More details to this question:
Can I sue my lawyer for failing me?
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1 ANSWER

Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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Yes, you may have a claim against your attorney for failing to file within the statute of limitations for a motor vehicle accident.  In Colorado a claim must be filed within three years of the accident or you lose your right to file a lawsuit. The statute of limitations is a deadline established by statute by which time you must file your lawsuit or be forever barred. For most personal injury matters, this period is two years. Thus, you have two years from the date of your injury, or, more precisely, when you knew or should have known that you had suffered an injury, in which to file your claims. Calculation of your deadline is usually straight forward, ask your attorney when your statute of limitations period expires and mark it on your calendar. Surprisingly, for something that is so elementary, over 13% of all legal malpractice cases arise for failure on the part of the attorney to file claims in a timely manner. You should contact an attorney experienced with legal malpractice claims to get answers to your questions.  
Answered on Jun 26th, 2012 at 1:27 PM

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