Attorney missed claim filing date - can i sue?

[renatm]

What is the name of your state? california

Short Term Disability case - my attorney was to file an appeal of denial within 60 days of denial letter. she filed the appeal 2 days late. they closed my case. it wasn't even a simple error.... she noted the 60th day was on a holiday weekend, she wrote them asking for permission to submit the doc on tuesday after the holiday (president's day). they responded to her with "no". they were open for business on president's day and therefore the deadline stands. she did it anyway. now i'm screwed.

i didn't know any of this because the communication was only between the insurance company and my attorney. now that she is no longer my attorney, i am learning this. what can i do? i can no longer pursue the claim with the insurance company. can i sue her for the value of the claim? she was negligent. any suggestions? thanks.

 

[compworkr]

How long ago was the deadline to file the appeal? I think the statute of limitations for legal malpractice is one year from the date of discovery (the date you reasonably discovered the negligent acts), not to exceed four years from the date of the wrongful act. From what I hear, legal malpractice cases are not easy to win.

Did your lawyer say (before the time expired) that you would have likely won on appeal? If you had little chance to win on appeal, you'd have a hard time proving causation in a legal malpractice lawsuit. If that's not the case and the statute of limitations hasn't expired, consult a legal malpractice lawyer.

 

[stephenk]

is it an insurance carrier saying your attorney is late or is it a court?

Typically a deadline that falls on a state holiday tolls the filing date for that one day.

 

[compworkr]

>>>>Typically a deadline that falls on a state holiday tolls the filing date for that one day.

I thought that used to be the case in california but not anymore. Do you have a cite? Thanks.

 

[renatm]

i am within the statute of limitations. this is regarding this past President's Day. I just found out two weeks ago from the insurance company that the lawyer filed it 2 days late and they consider the case closed. i was calling them to get a status and found this out. this hasn't gone to court.

my attorney definitely supported this claim and even sent me to high priced specialists and dr. costing me over $4000 out of pocket to see them and pay for their report findings. so now i have invested all this money to have the case thrown out because the attorney filed late.

sorry for the ignorance.... but does "tolls the filing date for that day" mean they include that day or push it to the next?

i have no way to prove i would have won the case. it's my assumption that insurance company's do everything they can to deny, deny, deny, so i definitely don't have their support. the attorney gave me her malpractice insurance policy number with no hesitation. do you think i have a case?

thanks for your replies.