What to Do When Your Lawyer Misses the Deadline
You trusted your attorney to fight for you. You followed their advice, showed up when they asked, and waited patiently while they handled the legal process. Then you found out the unthinkable — your lawyer missed the filing deadline, and your right to pursue compensation may be gone.
This is not a hypothetical scenario. It happened to one of our clients, a construction worker who was struck by a commercial truck, suffered two spinal fusions, and was left with permanent drop foot that changed every aspect of his daily life. His original attorneys let the statute of limitations expire. His case was gone before it ever made it to court.
Or so it seemed.
At Bailey | Stock | Harmon | Cottam | Lopez LLP, we took his legal malpractice claim against the attorneys who failed him.
If you or a loved one has been in a similar situation, here is what you need to know.
What is Legal Malpractice in Wyoming?
Legal malpractice occurs when an attorney fails to provide competent representation, and that failure causes harm to the client.
In Wyoming, to succeed on a legal malpractice claim, you generally must prove four things:
- The attorney owed you a duty of care as your legal representative
- The attorney breached that duty by acting, or failing to act, in a way that a competent attorney would not
- That breach directly caused you harm
- You suffered actual damages as a result
Missing a statute of limitations deadline is one of the most clear-cut forms of attorney negligence. Filing deadlines are not optional. When an attorney fails to file a claim within the required time window, the client loses the legal right to pursue compensation, regardless of how strong their underlying case may have been.
What is the Statute of Limitations in Wyoming?
In Wyoming, the general statute of limitations for personal injury cases is four years from the date of the injury. However, the specific deadline can vary depending on the type of case, who is being sued, and the specific circumstances involved. Claims against government entities, for example, carry much shorter deadlines and additional notice requirements.
This is exactly why you need an attorney who tracks deadlines with precision, and why missing one is considered a fundamental failure of professional responsibility.
What is a "Case Within a Case"?
When your attorney misses a deadline, and you pursue a legal malpractice claim, your case becomes what is known in the legal world as a "case within a case." This means that to win your malpractice claim, you and your new attorneys must first prove that you would have won the original case, and then prove that your former attorney's negligence is what cost you that outcome.
In the construction worker's situation, this meant our team had to build and prove two cases simultaneously:
- The underlying personal injury case: Establishing that the Ritchie Brothers truck driver was negligent, that our client's injuries were directly caused by that negligence, and what the full value of those damages would have been.
- The legal malpractice case: Establishing that his original attorneys had a duty to file the claim within Wyoming's statute of limitations, that they breached that duty by missing the deadline, and that this breach is the direct reason our client was unable to recover compensation through the courts.
These are complex, layered cases that require significant legal expertise, medical evidence, expert witnesses, and a thorough understanding of both personal injury and professional liability law. Not every firm is equipped to handle them, and not every firm is willing to.
Common Reasons Attorneys Miss Filing Deadlines
Unfortunately, missed deadlines are more common than most people realize.
The most frequent causes include:
- Miscalculating the correct statute of limitations deadline
- Failing to account for tolling provisions or exceptions that extend or pause the deadline
- Poor case management or failure to calendar and track deadlines
- Losing track of a case during staff transitions or firm changes
- Assuming a case was being handled by someone else at the firm
- Failing to properly identify all defendants, including corporate entities like truck companies, and their applicable deadlines
In commercial vehicle accident cases like our client's, the web of potential defendants can include the driver, the trucking company, the vehicle owner, a leasing company, and others. Each relationship can affect the applicable deadlines and legal strategy. Missing even one can have devastating consequences.
Signs You May Have a Legal Malpractice Claim in Wyoming
You may have a viable legal malpractice claim if any of the following apply to your situation:
- Your attorney told you that your case was dismissed or that you could no longer file because of a missed deadline
- You received a settlement that seemed far below what your injuries were worth, and you were never given a clear explanation
- Your attorney stopped communicating with you, and you later discovered your case had been closed
- You were told your case was filed, and later learned it was not
- Your original attorney failed to name a defendant who was clearly responsible for your injuries
If any of these situations sound familiar, the first step is to consult with a different law firm, one with experience in legal malpractice, as soon as possible. There is also a statute of limitations on legal malpractice claims in Wyoming, so time still matters even in these situations.
What Damages Can Be Recovered in a Legal Malpractice Case?
If your legal malpractice claim is successful, the damages you can recover are generally tied to what you would have recovered in the underlying personal injury case.
In serious injury cases, like those involving spinal surgery, permanent disability, or long-term loss of income, those damages can be substantial and may include:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Permanent disability and disfigurement
- Out-of-pocket costs related to the injury
In our client's case, two spinal fusions and permanent drop foot carry life-altering medical costs, ongoing rehabilitation, lost earning capacity as a construction worker, and a profound and permanent impact on quality of life. Those damages do not disappear because a deadline was missed; they simply have to be pursued through a different legal avenue.
What to Do If You Think Your Attorney Committed Malpractice
If you believe your attorney's negligence cost you your case, here are the steps to take:
- Stop communicating with your original attorney about the situation. Anything you say could be used against you.
- Gather all documents related to your case. This includes your original retainer agreement, any correspondence with your attorney, court documents, medical records, and any documentation of your injury and damages.
- Do not assume it is too late. Wyoming has its own statute of limitations for legal malpractice claims. Depending on when you discovered, or reasonably should have discovered, the attorney's negligence, you may still have time to act.
- Consult a law firm experienced in legal malpractice immediately. The sooner you act, the better your chances of preserving your rights and building the strongest possible case.
Our Client's Story: From Devastation to Justice
The construction worker who came to us had every reason to give up. He had suffered catastrophic injuries that would affect him for the rest of his life. The attorneys he trusted to fight for him had let the statute of limitations expire.
Our team took on the legal malpractice claim, working to prove what our client would have recovered against Ritchie Brothers and their driver, and holding his original attorneys accountable for the damage their negligence caused. It was a complex, demanding case that required our full resources, deep legal expertise, and a genuine commitment to justice for a client who had already been failed once.
We believe that every injured person deserves a legal team that shows up, meets every deadline, and fights until the very end. When that does not happen, they deserve someone who will hold their attorney accountable.
How Bailey | Stock | Harmon | Cottam | Lopez LLP Can Help
Our firm handles both personal injury and legal malpractice claims across Wyoming. If your attorney missed a filing deadline, failed to properly pursue your case, or caused you to lose the compensation you deserved, we are here to evaluate your situation and help you understand your options.
We offer free, confidential consultations. You pay no attorney fees unless we recover compensation for you. Time is still a factor, even in a malpractice case. Do not wait.
Contact us online or call (307) 222-4932 today to speak with a Wyoming attorney about your legal malpractice or personal injury case.