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Legal Malpractice-When It Rains, It (Unfortunately) Pours

The Franklin County Ohio Court of Appeals recently issued a decision dismissing a legal malpractice claim on the ground that it was not timely filed within the statute of limitations. In that case, the plaintiff was injured in a 1994 automobile collision, and timely filed suit in 1996, but his attorney then dismissed the case in a manner that it could be refiled within one year. Unfortunately, it was not refiled with one year, such that the plaintiff had to sue his attorney for legal malpractice. The new attorney timely filed suit against the negligent first attorney, but then dismissed the case in a manner that it could be refiled with one year. Although the new attorney did refile the lawsuit within one year, he then again dismissed it, under the mistaken belief that it could be refiled yet again within one year. The trial court held that the legal malpractice action could only be refiled one time within one year of the first dismissal, such that the second refiling was untimely, and, therefore, dismissed the case, and the Franklin County Court of Appeals affirmed. The plaintiff is now in the unenviable position of having to sue his second lawyer for for failing to timely sue his first attorney for failing to timely sue the other driver. Sound confusing? That is because it is confusing! The point is that legal malpractice claims require an experienced attorney. If you believe that you believe that you have been harmed by legal malpractice, please contact us for a free consultation.

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