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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33793
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have two questions about statute of limitations that I

Customer Question

Hello,
I have two questions about statute of limitations that I need advice on in order to determine how to best use my resources.
How long do I have to file a claim for legal malpractice in Washington State? I have read that it is three years. Also, when does that period begin? The most basic outline of my current problem is that my attorney failed to file certain documents in time that caused me to lose my case. I am working to find representation but am worried about the statute of limitations.
My second question involves a separate issue regarding breach of contract and how long I have to file before the stature of limitations runs out. My research tells me I have one year. This is a civil matter involving money that is owed to me. My research tells me Small Claims Court is for a maximum of $5000. My case may be for more than that as it involves a percentage of an amount unknown to me but I believe to be more that $5000. I am not sure that matters for your answer but I wanted to let you know that I was unsure of which Court would be my best choice given my problem and if there was any difference in the statutes.
Thank you very much, I am disabled with limited daily capacity and getting an answer from an actual attorney will help me figure out how to best use my energy when looking for representation.
Candy Eggleton
Submitted: 5 months ago.
Category: Legal
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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You are correct that you have 3 years from the date of the "injury" to file a legal malpractice suit in Washington. The time starts to run from the actual date of the injury, so here, that would be the date that the time ran out to file the case. RCW § 4.16.080(3)

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As for contracts, written is 6 years and oral is 3 years in WA. under RCW §4.16.040(1) and RCW §4.16.080(3)

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The amount of any claim doesn't affect the SOL, just which court you may choose to file in..

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thanks

Barrister

Customer: replied 5 months ago.
Thank you for a prompt reply. Is this the complete answer, or are you still researching? I wanted to clarify that by "injury" you mean when the legal malpractice occurred, not when I suffered my initial physical injury. My attorney handling the case failed to file some documents on time and I lost the case because of that. So I first became aware of my injury when I lost the case. Thank you so much, knowing the SOL is giving me some peace of mind.
Expert:  Barrister replied 5 months ago.

Is this the complete answer, or are you still researching?

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Yes, this is the complete answer unless you have further questions or something was unclear in my response... If you have further questions, I am happy to address them.

I wanted to clarify that by "injury" you mean when the legal malpractice occurred,

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Correct. I am referring to a "legal injury" in the form of the malpractice, not any physical injury. So when he screwed up and forgot to file the documents, the day the statute of limitations on your claim expired, is the day you suffered your "legal injury".

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And you are very welcome. Glad to help any time.

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thanks

Barrister

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