What Is the Statute of Limitations for Legal Malpractice in Delaware?
In Delaware, the statute of limitations for legal malpractice is generally 3 years under 10 Del. C. § 8106(a).
Legal malpractice Deadlines in Delaware
How long do you have to file a legal malpractice claim in Delaware?
In Delaware, the statute of limitations for legal malpractice is generally 3 years under 10 Del. C. § 8106(a).
When does the clock start for legal malpractice in Delaware?
Three years, generally from when the claim accrued.
Can the Delaware deadline for legal malpractice be extended?
Delaware's tolling doctrines for inherently unknowable injuries are particularly relevant here. Because this rests on case law applying the general section, confirm before relying on it.
Is the deadline different if the claim is against the government in Delaware?
Often, yes. Notice within 1 year for municipal claims under 10 Del. C. § 8124. Section 8124 requires notice of a claim against a municipality within one year of the occurrence. The County and Municipal Tort Claims Act, 10 Del. C. ch. 40, governs governmental immunity and limits the categories of claim that may be brought at all. Not conf…
How does Delaware compare to other states for legal malpractice?
Delaware's 3 years is in the middle of the range nationally. Across the 18 jurisdictions with a verified figure, the deadline for legal malpractice ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Legal Malpractice Cover?
Situations that typically fall under the legal malpractice deadline in Delaware:
