What Is the Statute of Limitations for Legal Malpractice in Florida?
In Florida, the statute of limitations for legal malpractice is generally 2 years under Fla. Stat. § 95.11(5)(b).
Legal malpractice Deadlines in Florida
How long do you have to file a legal malpractice claim in Florida?
In Florida, the statute of limitations for legal malpractice is generally 2 years under Fla. Stat. § 95.11(5)(b).
When does the clock start for legal malpractice in Florida?
Two years, running from when the cause of action is discovered or should have been discovered with due diligence.
Can the Florida deadline for legal malpractice be extended?
The statute confines this period to persons in privity with the professional. Because it expressly covers claims founded on contract OR tort, re-pleading as breach of the retainer does not reach a longer contract period.
Is the deadline different if the claim is against the government in Florida?
Often, yes. Written claim generally presented within 3 years under Fla. Stat. § 768.28(6)(a). Section 768.28 contains written-presentment and denial conditions before suit, with different provisions for certain claims including wrongful death and contribution. Verify the current statutory text for the specific governmental defendant and claim.
How does Florida compare to other states for legal malpractice?
Florida's 2 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 Florida:
