Ticking Clock: How Long Do You Have to Sue for Legal Malpractice in NJ

Understand the 6-year statute of limitations for NJ legal malpractice claims and how the discovery rule may extend your filing deadline.

Clock representing the statute of limitations for NJ legal malpractice claims

When evaluating whether a legal malpractice claim can be brought against an attorney, one of the first and most critical questions to consider is: 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.

Time is a critical factor in malpractice claims. Even with the discovery rule, waiting too long to seek legal advice can jeopardize your ability to recover damages. If you believe your former attorney mishandled your case, act quickly to preserve your rights.

Contact Simon Law Group, LLC

Speak with an experienced legal malpractice attorney to learn whether you still have time to pursue a claim.

To request a consultation, call (800) 709-1131 or use the contact form. The intake team will review the request before any consultation is confirmed.

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