Statute of Limitations for Legal Malpractice Claims in New Jersey
You suspect your former lawyer mishandled your case -- a blown deadline, a botched settlement, advice that cost you dearly. Before anything else, one question controls whether you can still do something about it: has the statute of limitations expired?
In New Jersey, the statute of limitations for legal malpractice actions is six (6) years. This period typically begins on the date the malpractice occurred --that is, the date of the attorney’s negligent act or omission.
What If You Didn’t Know Right Away?
Many clients do not immediately realize that malpractice has occurred. That’s where the “discovery rule” comes into play. This legal principle allows the statute of limitations to be extended until the point when the client knew or reasonably should have known about the malpractice.
For example, if an attorney missed a filing deadline that ultimately caused a client to lose their case, but the client only discovered the error a year later, the statute of limitations may not begin until the date of that discovery-- not the date of the missed filing.
Write down when the attorney's error occurred, when you first learned about it, and when it caused an actual loss. Those dates are the starting point for evaluating whether the limitations period has expired.
The legal malpractice limitations guide explains accrual, the discovery rule, and why the underlying loss date matters.