COMPLAINT FOR LEGAL MALPRACTICE

(Failure to File Within Statute of Limitations)

IN THE [_______________] COURT OF [_______________] COUNTY

STATE OF [_______________]

Case No.: [________________________________]

PLAINTIFF:
[________________________________]

v.

DEFENDANT:
[________________________________], Attorney at Law

COMPLAINT FOR LEGAL MALPRACTICE

Failure to File Action Within Statute of Limitations

Plaintiff, [________________________________] ("Plaintiff"), by and through undersigned counsel, complains against Defendant, [________________________________] ("Defendant"), and alleges as follows:

I. INTRODUCTION

1. This is an action for legal malpractice arising from Defendant's failure to file Plaintiff's [________________________________] action within the applicable statute of limitations. Due to Defendant's negligence, Plaintiff's meritorious claim was time-barred and dismissed, causing Plaintiff to lose the substantial value of that claim.

II. PARTIES

2. Plaintiff [________________________________] is an individual residing at [________________________________], County of [________________________________], State of [________________________________].

3. Defendant [________________________________] is an attorney licensed to practice law in the State of [________________________________], Bar Number [________________________________], with a principal place of business located at [________________________________].

4. At all times relevant to this Complaint, Defendant held himself/herself out to the public as competent to handle [________________________________] matters.

III. JURISDICTION AND VENUE

5. This Court has jurisdiction over this action pursuant to [________________________________].

6. Venue is proper in this County because:
   ☐ Defendant maintains a principal place of business in this County
   ☐ The acts giving rise to this action occurred in this County
   ☐ Plaintiff resides in this County

IV. FACTUAL ALLEGATIONS

A. The Underlying Claim

7. On or about [__/__/____], Plaintiff was injured/damaged as a result of [________________________________].

8. The nature of Plaintiff's underlying claim was:
   ☐ Personal injury (negligence)
   ☐ Medical malpractice
   ☐ Product liability
   ☐ Breach of contract
   ☐ Employment discrimination
   ☐ Wrongful termination
   ☐ Professional negligence (non-legal)
   ☐ Real estate/property dispute
   ☐ Other: [________________________________]

9. The potential defendant(s) in the underlying claim was/were: [________________________________]

10. The facts supporting Plaintiff's underlying claim were as follows: [________________________________]

B. Retention of Defendant

11. On or about [__/__/____], Plaintiff consulted with and retained Defendant to pursue Plaintiff's claim against [________________________________].

12. At the time of retention, Plaintiff informed Defendant of:
    ☐ The date of the incident/injury: [__/__/____]
    ☐ The identity of the responsible parties
    ☐ The nature and extent of damages
    ☐ Documents and evidence relating to the claim
    ☐ Previous correspondence or communications regarding the claim

13. Defendant agreed to represent Plaintiff in consideration for:
    ☐ A contingency fee of [____]% of any recovery
    ☐ Hourly fees at $[____] per hour
    ☐ A flat fee of $[________________________________]
    ☐ Other: [________________________________]

14. A written retainer agreement was:
    ☐ Executed on [__/__/____]
    ☐ Not executed, but representation was agreed upon orally

15. Plaintiff paid Defendant:
    ☐ A retainer of $[________________________________]
    ☐ Costs advance of $[________________________________]
    ☐ No upfront payment (contingency arrangement)

C. The Applicable Statute of Limitations

16. The statute of limitations applicable to Plaintiff's underlying claim was:
    - Statutory Citation: [________________________________]
    - Limitations Period: [____] years from [________________________________]

17. Based on the date of injury/accrual of [__/__/____], the statute of limitations for Plaintiff's underlying claim expired on [__/__/____].

18. The statute of limitations calculation:
    | Event | Date |
    |-------|------|
    | Date of incident/injury | [__/__/____] |
    | Accrual date (if different) | [__/__/____] |
    | Limitations period | [____] years |
    | Expiration date | [__/__/____] |

D. Defendant's Failure to File

19. Despite being retained well in advance of the limitations deadline, Defendant failed to file Plaintiff's lawsuit before the statute of limitations expired.

20. The timeline of Defendant's representation was as follows:

21. Defendant's failure to file was due to:
    ☐ Failure to calendar the limitations deadline
    ☐ Miscalculation of the limitations period
    ☐ Neglect and inattention to the matter
    ☐ Failure to adequately staff or supervise the matter
    ☐ Workload issues or overcommitment
    ☐ Office management failures
    ☐ Abandonment of the representation
    ☐ Other: [________________________________]

22. During the representation, Defendant:
    ☐ Failed to communicate with Plaintiff about the status of the matter
    ☐ Made misrepresentations about the status of the matter
    ☐ Assured Plaintiff the matter was being handled
    ☐ Failed to respond to Plaintiff's inquiries
    ☐ Other: [________________________________]

E. Discovery of the Malpractice

23. Plaintiff discovered that the statute of limitations had expired on or about [__/__/____] when:
    ☐ The opposing party raised a statute of limitations defense
    ☐ A court dismissed the underlying action as time-barred
    ☐ Plaintiff consulted with another attorney
    ☐ Defendant informed Plaintiff of the error
    ☐ Other: [________________________________]

24. Upon learning of the missed deadline, Plaintiff:
    [________________________________]

V. THE UNDERLYING CASE HAD MERIT

A. Liability in the Underlying Case

25. Plaintiff's underlying claim was meritorious and would have succeeded but for Defendant's negligence.

26. The basis for liability in the underlying case was:
    [________________________________]

27. Evidence supporting liability included:
    ☐ Witness testimony from [________________________________]
    ☐ Documentary evidence including [________________________________]
    ☐ Expert opinion regarding [________________________________]
    ☐ Physical evidence including [________________________________]
    ☐ Admissions by the adverse party
    ☐ Other: [________________________________]

B. Damages in the Underlying Case

28. Had the underlying case been timely filed and prosecuted, Plaintiff would have recovered damages including:

29. The damages were supported by:
    ☐ Medical records and bills
    ☐ Employment/wage records
    ☐ Expert economic analysis
    ☐ Expert medical testimony
    ☐ Property damage estimates
    ☐ Other: [________________________________]

C. Collectability

30. A judgment in the underlying case would have been collectible because:
    ☐ The defendant(s) had liability insurance with limits of $[________________________________]
    ☐ The defendant(s) had substantial assets
    ☐ The defendant(s) was a solvent business entity
    ☐ Other: [________________________________]

VI. FIRST CAUSE OF ACTION: LEGAL MALPRACTICE (PROFESSIONAL NEGLIGENCE)

31. Plaintiff incorporates by reference paragraphs 1 through 30 as if fully set forth herein.

32. By accepting Plaintiff's retainer and undertaking to represent Plaintiff, Defendant owed Plaintiff a duty to exercise the skill, prudence, and diligence commonly possessed and exercised by attorneys in similar circumstances.

33. This duty specifically included the duty to:
    ☐ Properly identify and calendar all applicable deadlines
    ☐ File all necessary pleadings within applicable time limits
    ☐ Maintain adequate systems to track deadlines
    ☐ Supervise all matters to ensure timely action
    ☐ Communicate with Plaintiff about critical deadlines

34. Defendant breached this duty of care by failing to file Plaintiff's lawsuit before the statute of limitations expired on [__/__/____].

35. Defendant's breach was a proximate cause of Plaintiff's damages.

36. But for Defendant's negligence, Plaintiff would have recovered in the underlying action.

37. As a direct and proximate result of Defendant's negligence, Plaintiff has been damaged in an amount equal to the value of the lost underlying claim, plus additional damages.

VII. SECOND CAUSE OF ACTION: BREACH OF CONTRACT

38. Plaintiff incorporates by reference paragraphs 1 through 37 as if fully set forth herein.

39. Plaintiff and Defendant entered into a valid contract for legal services.

40. Plaintiff performed all obligations under the contract.

41. Defendant breached the contract by failing to timely file Plaintiff's lawsuit.

42. As a direct result, Plaintiff has suffered damages as described herein.

VIII. THIRD CAUSE OF ACTION: BREACH OF FIDUCIARY DUTY

43. Plaintiff incorporates by reference paragraphs 1 through 42 as if fully set forth herein.

44. As Plaintiff's attorney, Defendant owed Plaintiff fiduciary duties including the duty to act with undivided loyalty and in Plaintiff's best interests.

45. Defendant breached these duties by:
    ☐ Failing to protect Plaintiff's legal rights
    ☐ Failing to disclose the missed deadline
    ☐ Placing Defendant's interests above Plaintiff's
    ☐ Other: [________________________________]

46. As a direct result, Plaintiff has suffered damages as described herein.

IX. DAMAGES

47. As a direct and proximate result of Defendant's negligence, Plaintiff has suffered the following damages:

48. Plaintiff is also entitled to pre-judgment and post-judgment interest.

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

1. Enter judgment in favor of Plaintiff and against Defendant;

2. Award compensatory damages equal to the value of the lost underlying claim, in an amount to be proven at trial;

3. Award disgorgement of all fees paid to Defendant: $[________________________________];

4. Award additional damages including remedial legal fees and emotional distress;

5. Award pre-judgment and post-judgment interest;

6. Award costs of suit;

7. Award attorney's fees if permitted by law;

8. Award such other relief as the Court deems just and proper.

XI. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

Dated: [__/__/____]

Respectfully submitted,

_________________________________________
[Attorney Name], Esq.
[Bar Number]
[Law Firm Name]
[Address]
[City, State ZIP]
[Phone]
[Email]

Attorney for Plaintiff

VERIFICATION

I, [________________________________], declare:

I am the Plaintiff in this action. I have read the foregoing Complaint and know its contents. The facts stated are true to my own knowledge, except for matters stated on information and belief, which I believe to be true.

I declare under penalty of perjury under the laws of the State of [________________________________] that the foregoing is true and correct.

Executed on: [__/__/____]

_________________________________________
[Plaintiff Name]

EXHIBITS

☐ Exhibit A: Retainer Agreement with Defendant
☐ Exhibit B: Correspondence with Defendant
☐ Exhibit C: Documentation of Underlying Claim
☐ Exhibit D: Court Order Dismissing Underlying Case (if applicable)
☐ Exhibit E: Documentation of Damages in Underlying Case
☐ Exhibit F: [________________________________]

FILING CHECKLIST

☐ Verified statute of limitations for malpractice claim
☐ Gathered evidence of underlying claim's merit
☐ Documented value of lost claim
☐ Obtained expert willing to opine on standard of care
☐ Confirmed collectability of underlying defendants
☐ Complaint reviewed and signed
☐ Filing fee paid
☐ Summons prepared
☐ Service arrangements made

JURISDICTION NOTES

"Case Within a Case" Requirement:
In a missed statute of limitations case, the plaintiff must prove that the underlying case would have been successful. This requires proving:
1. The underlying claim had merit (liability would have been established)
2. Damages would have been awarded
3. The judgment would have been collectible

Common Statutes of Limitations (Underlying Cases):
- Personal injury: 2-3 years (varies by state)
- Medical malpractice: 1-3 years (varies by state)
- Breach of contract: 4-6 years (varies by state)
- Employment claims: 1-3 years (varies by state)

Legal Malpractice Limitations:
- California: 1 year from discovery, 4 years max (CCP § 340.6)
- Texas: 2 years (Tex. Civ. Prac. & Rem. Code § 16.003)
- New York: 3 years (CPLR § 214(6))
- Florida: 2 years (Fla. Stat. § 95.11(4)(a))

This template is provided for informational purposes only and does not constitute legal advice. Legal malpractice claims involving missed deadlines are complex and require proving the underlying case would have succeeded. Consult with a qualified attorney before proceeding.