Legal Malpractice Statute of Limitations Calculator
Enter your state, incident date, and discovery date to see your filing deadline and days remaining before your legal malpractice claim expires.
How Legal Malpractice Statutes of Limitations Work
A statute of limitations is the legal time window within which you must file a lawsuit. For legal malpractice claims — where an attorney's negligence caused you harm — every state sets its own deadline, typically ranging from 1 to 4 years. Missing this deadline almost always results in permanent dismissal of your claim, regardless of how strong your case is.
Two starting-point rules apply across states. The occurrence rule starts the clock on the date the malpractice actually happened. The discovery rule starts the clock on the date you discovered (or reasonably should have discovered) the harm. Many states apply both and use whichever deadline expires first. California, for example, gives 1 year from discovery or 4 years from the act — whichever is shorter. Source: American Bar Association, State Bar rules. Last updated: May 2026.
State-by-State Statute of Limitations Reference
| State | Statute Limit | Rule | Notes |
|---|---|---|---|
| California | 1 year | Discovery | 4-year outer limit from act |
| Texas | 2 years | Occurrence/Discovery | Fraudulent concealment may toll |
| New York | 3 years | Occurrence | Continuous representation tolls |
| Florida | 2 years | Discovery | 4-year outer limit |
| Illinois | 2 years | Discovery | 6-year outer limit |
| Pennsylvania | 2 years | Discovery | — |
| Ohio | 1 year | Occurrence | — |
| Georgia | 4 years | Occurrence | — |
| North Carolina | 4 years | Occurrence | — |
| Michigan | 2 years | Occurrence/Discovery | — |
What Tolls (Pauses) the Deadline
Several legal doctrines can pause or extend the statute of limitations. The continuous representation rule — recognized in New York, California, and many other states — tolls the clock for as long as the attorney continues to represent you in the same matter. Fraudulent concealment (where the attorney hides the malpractice) also tolls in most states. Minority (being under 18) and mental incapacity are common tolling events too. Because tolling rules are complex and fact-specific, consult a licensed legal malpractice attorney immediately if you suspect you have a claim — do not rely solely on this calculator.
Frequently Asked Questions
What is the statute of limitations for legal malpractice?
It varies by state, typically 1–4 years. California allows 1 year from discovery or 4 years from the act, whichever comes first. New York allows 3 years. Texas allows 2 years. Always check your specific state's rules with a licensed attorney.
When does the legal malpractice clock start?
Most states use either the 'occurrence' rule (clock starts when the malpractice happened) or the 'discovery' rule (clock starts when you discovered or should have discovered the harm). Many states apply both — whichever deadline comes first controls.
Can I toll (pause) the statute of limitations?
Yes — certain events can toll the clock: the attorney is still representing you (continuous representation rule in many states), you were a minor, the attorney fraudulently concealed the malpractice, or you were mentally incapacitated. A malpractice attorney can advise on tolling.
What happens if I miss the filing deadline?
If you file after the statute of limitations expires, the court will almost certainly dismiss your case. The defendant attorney raises it as an affirmative defense. Very few exceptions exist. This is why tracking the deadline and consulting an attorney quickly is critical.
Does this calculator give legal advice?
No. This tool provides general educational estimates only. Statutes of limitations have exceptions, tolling rules, and case-specific factors that only a licensed attorney in your state can evaluate. Always consult a legal malpractice attorney before relying on any deadline.