How long do you have to sue your lawyer?
The legal malpractice statute of limitations in all 51 jurisdictions, with the citation, when the clock starts, and the rules that can stop it. Verified against statutes and appellate opinions.
Deadlines to sue a lawyer for malpractice range from 1 year (California) to 6 years (Hawaii), and 11 jurisdictions also set an outer limit that runs from the mistake itself. 5 use 1 year, 18 use 2 years, 18 use 3 years, 3 use 4 years, 2 use 5 years, 5 use 6 years. The number is only half the answer: what starts the clock matters just as much, and that is where most claims are won or lost.
Estimate your deadline.
A rough estimate from your state's general rule. Not legal advice.
All states and D.C.
| State | Deadline | Clock starts | Discovery rule | Repose |
|---|---|---|---|---|
| Alabama | 2 yearsAla. Code § 6-5-574(a) | The two years run from the act, omission, or failure that gives rise to the claim. | Limited | 4 years from the act, omission, or failure (Ala. Code § 6-5-574) |
| Alaska | 3 yearsAlaska Stat. § 09.10.053 | The three years run from when you discovered, or reasonably should have discovered, the elements of your claim, and not while the lawyer still represents you in the same matter. | Yes | None specific to legal malpractice verified |
| Arizona | 2 yearsAriz. Rev. Stat. § 12-542 | The two years start when all elements of the claim exist and you knew or should have known of them; for mistakes made in a lawsuit, not until the underlying case, including appeals, is over. | Yes | None |
| Arkansas | 3 yearsArk. Code Ann. § 16-56-105(3) | Absent concealment, the three years start when the negligent act or omission occurs, not when you discover it. | No | None (the occurrence rule already runs from the act) |
| California | 1 year from discovery (4 years max)Cal. Code Civ. Proc. § 340.6 | One year from when you discovered, or reasonably should have discovered, the facts of the wrongful act or omission, or four years from the act, whichever comes first. | Yes | 4 years from the wrongful act, subject to statutory tolling (Cal. Code Civ. Proc. § 340.6) |
| Colorado | 2 yearsColo. Rev. Stat. § 13-80-102(1)(a); accrual under § 13-80-108(1) | The two years start when both the injury and its cause are known or should have been known through reasonable diligence. | Yes | None specific to legal malpractice verified |
| Connecticut | 3 yearsConn. Gen. Stat. § 52-577 | The three years run from the date of the act or omission complained of, not from when you discover it. | No | None separate (the statute already runs from the act) |
| Delaware | 3 years10 Del. C. § 8106(a) | The three years start at the time of injury, however slight, caused by the lawyer's wrongful act, even if you do not know about it yet. | Limited | None specific to legal malpractice verified |
| District of Columbia | 3 yearsD.C. Code § 12-301(8) | The three years start when you knew or reasonably should have known of the injury, its cause in fact, and some evidence of wrongdoing. | Yes | None |
| Florida | 2 years from discoveryFla. Stat. § 95.11(5)(b) | The 2 years run from when the claim is discovered or should have been discovered with due diligence; for mistakes made in a lawsuit, not before the underlying case ends in a final judgment. | Yes | None for legal malpractice |
| Georgia | 4 years from the breachO.C.G.A. § 9-3-25 | The 4 years run from the date of the lawyer's breach of duty, not from when you discover the error or learn how much it cost you. | No | None; the 4-year period already runs from the act |
| Hawaii | 6 years from discoveryHaw. Rev. Stat. § 657-1(1) | The 6 years run from when you knew or should have known of the legal malpractice claim (the discovery rule adopted in Blair v. Ing). | Yes | None |
| Idaho | 2 years from the act (once some damage occurs)Idaho Code § 5-219(4) | The 2 years run from the act or omission complained of, but the claim does not accrue until there is objective proof of some actual damage. | Limited | None separate; the period runs from the act, with limited fraud-concealment extension |
| Illinois | 2 years from discovery, 6-year repose735 ILCS 5/13-214.3 | The 2 years run from when you knew or reasonably should have known of the injury for which you seek damages. | Yes | 6 years from the act or omission (735 ILCS 5/13-214.3(c)) |
| Indiana | 2 years from discoveryInd. Code § 34-11-2-4 | The 2 years run from when you knew, or with ordinary diligence could have discovered, that you were injured by the lawyer's conduct; not before the representation in that matter ends. | Yes | None |
| Iowa | 5 years from injury and discoveryIowa Code § 614.1(4) | The 5 years start once you suffer an actual injury and have actual or imputed knowledge of the elements of the claim. | Yes | None |
| Kansas | 2 years from injury, 10-year reposeK.S.A. 60-513(a)(4), (b) | The 2 years start when the lawyer's act first causes substantial injury or, if the injury is not reasonably ascertainable at first, when it becomes reasonably ascertainable. | Yes | 10 years from the act (K.S.A. 60-513(b)) |
| Kentucky | 1 year from occurrence or discoveryKy. Rev. Stat. § 413.245 | The 1 year runs from the occurrence (when negligence and non-speculative damage have both happened) or from when you discovered or should have discovered the claim, whichever is later; for litigation mistakes, not before the underlying case is final. | Yes | None |
| Louisiana | 1 year from the act or discovery, 3 years maxLa. R.S. 9:5605 | One year from the lawyer's act, omission, or neglect, or one year from when you discovered or should have discovered it, but never later than three years from the act. | Limited | 3 years from the act (peremptive; fraud exception in 9:5605(E)) |
| Maine | 6 years from the act or omission14 M.R.S. §§ 752, 753-B | The six years start on the date of the lawyer's act or omission, not the date you discover it, except for title opinions and wills. | Limited | None in general; 20 years from the act for title opinion claims |
| Maryland | 3 years from discoveryMd. Code, Cts. & Jud. Proc. § 5-101 | Three years from when you knew or reasonably should have known of the injury and its probable cause (the discovery rule). | Yes | None |
| Massachusetts | 3 years from discovery of appreciable harmM.G.L. c. 260, § 4 | Three years from when you knew or reasonably should have known you suffered appreciable harm from the lawyer's conduct. | Yes | None |
| Michigan | 2 years from last day of service, or 6 months from discoveryMCL 600.5805(8), 600.5838, 600.5838b | Two years from the day the lawyer stopped serving you on the matter, or six months after you discovered or should have discovered the claim, whichever is later. | Limited | 6 years from the act or omission (MCL 600.5838b) |
| Minnesota | 6 years from when some damage occursMinn. Stat. § 541.05, subd. 1 | Six years from when some compensable damage first results from the lawyer's mistake, whether or not you know about it. | No | None |
| Mississippi | 3 years from discoveryMiss. Code Ann. § 15-1-49 | Three years from when you learned, or with reasonable diligence should have learned, of your lawyer's negligence. | Yes | None |
| Missouri | 5 years from ascertainable damageRSMo § 516.120(4) | Five years from when damage is sustained and objectively capable of ascertainment, not when you actually discover it. | Limited | None |
| Montana | 3 years from discovery, 10 years maxMont. Code Ann. § 27-2-206 | Three years after you discover, or with reasonable diligence should have discovered, the lawyer's act, error, or omission, but the claim must also have accrued. | Yes | 10 years from the act, error, or omission |
| Nebraska | 2 yearsNeb. Rev. Stat. § 25-222 | The clock starts on the date of the lawyer's negligent act or omission, not the date you learn about it or lose money. | Limited | 10 years from the professional service that caused the harm |
| Nevada | 2 years from discovery or 4 years from damage, whichever is earlierNev. Rev. Stat. § 11.207 | The 2-year period starts when you discover, or with reasonable diligence should have discovered, the material facts of the claim; the 4-year period starts when you sustain damage. | Yes | None beyond the 4-years-from-damage limit in § 11.207 |
| New Hampshire | 3 yearsN.H. Rev. Stat. Ann. § 508:4, I | The clock starts at the act or omission, or, if the injury and its cause could not reasonably have been discovered then, when you discovered or reasonably should have discovered them. | Yes | None |
| New Jersey | 6 yearsN.J. Stat. Ann. § 2A:14-1 | The clock starts when you suffer actual damage and know, or with reasonable diligence should know, that the damage is attributable to the lawyer's negligence (Grunwald v. Bronkesh). | Yes | None |
| New Mexico | 4 yearsN.M. Stat. Ann. § 37-1-4 | The clock starts when you sustain actual injury and discover, or with reasonable diligence should discover, the facts essential to the claim (Sharts v. Natelson). | Yes | None |
| New York | 3 yearsN.Y. C.P.L.R. 214(6) | The clock starts when the malpractice is committed and the injury occurs, even if you do not know about it (McCoy v. Feinman). | No | None |
| North Carolina | 3 years from the last actN.C. Gen. Stat. § 1-15(c) | The claim accrues at the lawyer's last act giving rise to the claim, whether or not you know about it. | Limited | 4 years from the lawyer's last act |
| North Dakota | 2 yearsN.D. Cent. Code § 28-01-18(3) | The clock starts when you have incurred damage and know, or with reasonable diligence should know, of the injury, its cause, and the lawyer's possible negligence (Larson v. Norkot). | Yes | None |
| Ohio | 1 yearOhio Rev. Code § 2305.117 (formerly § 2305.11(A)) | The later of the cognizable event that should alert you to the lawyer's mistake, or the end of the representation on that matter. | Yes | 4 years from the act or omission, with 1 more year if the injury could not have been discovered within 3 years (Ohio Rev. Code § 2305.117(B), (C)) |
| Oklahoma | 2 years12 Okla. Stat. § 95(A)(3) | When the client suffers actual, non-speculative damage, and the Oklahoma Supreme Court has also measured it from when the client knew or should have known of the negligent act. | Yes | None |
| Oregon | 2 years from discoveryOr. Rev. Stat. § 12.110(1) | When you have suffered damage and know, or reasonably should know, that the lawyer's acts or omissions caused it. | Yes | 10 years from the act or omission (Or. Rev. Stat. § 12.115(1)) |
| Pennsylvania | 2 years (4 years for contract claims)42 Pa.C.S. § 5524(7) (negligence); 42 Pa.C.S. § 5525(a) (contract) | When the lawyer's breach of duty happens (the occurrence rule), not when you suffer the loss, unless the discovery rule applies. | Limited | None |
| Rhode Island | 3 yearsR.I. Gen. Laws § 9-1-14.3 | The occurrence of the incident that gave rise to the claim, or when the malpractice should reasonably have been discovered if it could not be discovered at the time. | Yes | None |
| South Carolina | 3 years from discoveryS.C. Code Ann. §§ 15-3-530(5), 15-3-535 | When you knew or, with reasonable diligence, should have known you had a claim; tolled while you appeal the underlying case (Stokes-Craven Holding Corp. v. Robinson, 2016). | Yes | None |
| South Dakota | 3 years from the actS.D. Codified Laws § 15-2-14.2 | When the malpractice, error, mistake, or omission occurs (the occurrence rule), not when you discover it or suffer damage. | No | None beyond the 3-year occurrence rule |
| Tennessee | 1 year from discoveryTenn. Code Ann. § 28-3-104(c)(1) | When you suffer an actual injury from the lawyer's negligence and know, or reasonably should know, that the lawyer's conduct caused it. | Yes | None |
| Texas | 2 yearsTex. Civ. Prac. & Rem. Code § 16.003(a) | The claim accrues when you suffer a legal injury or, under the discovery rule, when you knew or should have known the facts of the claim. | Yes | None |
| Utah | 4 yearsUtah Code § 78B-2-307(3) | The claim accrues when the last event needed to complete it occurs, which means when you suffer actual harm, not merely when the lawyer errs. | Limited | None |
| Vermont | 6 years (3 for personal injury harm)12 V.S.A. § 511; 12 V.S.A. § 512(4) | The clock starts when you knew or should have known enough to put a reasonable person on notice that the lawyer may be liable for your injury. | Yes | None |
| Virginia | 3 years (5 years on a written contract signed by the lawyer)Va. Code § 8.01-246(2), (4); § 8.01-230 | The clock starts when the breach occurs, not when you discover it, but if the lawyer kept working on the same matter it starts when that work ends. | No | None |
| Washington | 3 years from discoveryRCW 4.16.080(3) | The clock starts when you discover, or with reasonable diligence should have discovered, the facts giving rise to the claim. | Yes | None |
| West Virginia | 2 years (tort); contract claims may have longer periodsW. Va. Code § 55-2-12; § 55-2-6 for contract claims | The claim accrues when the malpractice occurs or when the client knows, or by reasonable diligence should know, of it. | Yes | None |
| Wisconsin | 3 years from discovery (tort)Wis. Stat. § 893.53 | The claim accrues when you have suffered actual damage and knew, or with reasonable diligence should have discovered, the injury, its cause, and who caused it. | Yes | None |
| Wyoming | 2 years from the act (discovery exception)Wyo. Stat. § 1-3-107(a) | The clock starts on the date of the act, error, or omission; if it was not reasonably discoverable in 2 years, you get 2 years from discovery. | Limited | None |
General rules as of 2026-09-23. Exceptions, tolling, and the facts of a case change deadlines. Cite as: SueMyLawyer.org, Legal Malpractice Statute of Limitations by State (2026).
Deadline questions.
What is the statute of limitations for legal malpractice?
It depends on the state. Across the 51 jurisdictions on this page the general deadline runs from 1 to 6 years. Many states start the clock when you discovered or should have discovered the mistake, and some pause it while the same lawyer keeps representing you.
When does the clock start on a legal malpractice claim?
Usually when the mistake happens or when you discovered it, depending on the state's discovery rule. Some states wait until the representation ends or until the underlying case is finally resolved on appeal. The state pages linked in the table explain each rule.
What is a statute of repose for legal malpractice?
An outer deadline measured from the lawyer's act or omission, regardless of when you found out. Once it passes, the claim is barred even if you could not have known about the error. Not every state has one.
Can the malpractice deadline be extended?
Sometimes. Common reasons include continuous representation by the same lawyer, the lawyer hiding the mistake, the client's minority or incapacity, and a written tolling agreement. These rules are narrow and vary by state, so an attorney should check them early.