The following are some of the most common practice pitfalls for personal injury attorneys, along with the risk factors that contribute to them, and practical steps lawyers can take to minimize their exposure.

1. Missing Deadlines/Statute of Limitations

One of the most important jobs a plaintiff’s lawyer has is to file suit on time. However, failing to do so is one of the most common claims we see. When a statute of limitations expires or a deadline is missed, the client's claim may be permanently lost, creating malpractice exposure. 

Risk Factors

Accepting cases close to limitation deadlines. Failing to identify the correct limitations period. Assuming to know the limitations period without confirming statutory or legal authority. Failing to verify staff deadline calculations or calendaring for accuracy. Failing to calendar reminders so that there is sufficient time to prepare the filing before the deadline. Miscalculating tolling provisions. Relying on client…