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.