How Long Do I Have To Sue My Lawyer?

The statute of limitations for suing a lawyer is two (2) years. 

Section 95.11(4)(a), Florida Statutes, provides that in an action for professional malpractice, other than medical malpractice, whether founded on contract or tort the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.

Certain actions may toll or delay a statute of limitations from expiring or commencing.  For example, generally speaking, if a lawyer was negligent in the representation of a client at trial and, because of that negligence, lost the trial, the statute of limitations typically does not begin to run until trial is completely finished, including all appeals.

The computation of when a statute of limitations begins and when it ends with respect to a claim of legal malpractice can be extremely complicated and is well beyond what can be explained in this web site.  The result in many cases regarding the commencement or expiration of the statute of limitations is often determined by events which seem quite minor.  Frequently, there are substantial disputes during litigation regarding a factual circumstance which, if proven, might bar a plaintiff's claim.  We always urge our clients to pursue their claims at the earliest possible time to avoid the development of any unsuspected facts that might result in barring the client's claim.

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