Legal Question in Personal Injury in California
How long is the statue of limitations on Breach of Contract w a Legal firm? With a settlement agreement/legal malpractice when there is further damage related to the accident after the settlement?
1 Answer from Attorneys
If you signed a settlement agreement, most likely you waived all damages, known and unknown, past, present and future. Therefore, you probably cannot reopen a settlement that's signed, sealed and delivered.
If your attorney had known that you would need further treatment for your injury, more than likely your attorney took that into account when recommending to you that you accept the settlement. A person is legally responsible for, and is presumed to have read documents the person has signed.
The statute of limitation is one year after a person discovers (or reasonably should have discovered) the facts constituting the attorney's wrongful act, OR four years from the date of the attorney's wrongful act or omission, whichever is earlier. See Code of Civil Procedure section 340.6(a).