You thought everything was going well with your attorney. You had given him all your information and documents early on, so you expected that he'd filed the documents with the court and started your case. You had months before the statute of limitations would limit your claim, so you had full confidence that you'd see your day in court.
Your shock was obvious when you found out that the paperwork had been misplaced and was never filed. Although there had been some miscommunication, you had always been clear about the deadline and what you expected from your attorney. Now, you can't make your claim and have mounting medical bills to handle.
What can you do if your attorney misses the statute of limitations?
Probably your best option is to seek a lawsuit against your original attorney with the help of an attorney who specializes in legal malpractice. It is difficult to win cases against attorneys, but it's not impossible.
If you plan to file a case against your ex-attorney, then there are several factors you'll need to prove happened in your case. These include showing that the attorney owed a duty to you and to represent you skillfully, that you were harmed by the losses of your case, that the attorney was responsible for those losses due to negligence or a breach in duty, and that the attorney was careless or made a mistake others in the field would not have.
You'll also want to show that it was likely that you would have won the case if your attorney had been competent. If you can do all those things, then you are in a position to win your legal malpractice lawsuit.
Your attorney took on your case and gave you the impression that he would be skillful and represent you well. Since that's not the case, you can seek the compensation you lost by filing a claim against that attorney.