Statute of Limitations for Legal Malpractice Claims in Texas: Key Deadlines You Shouldn’t Miss
Legal Malpractice
Time can be a deciding factor when pursuing a claim for legal malpractice Texas. Under most circumstances, the statute of limitations in Texas for legal malpractice claims is two years from the date of the alleged misconduct or from the time you reasonably discovered the issue (Tex. Civ. Prac. & Rem. Code § 16.003). Failing to initiate legal action before this deadline can jeopardize your opportunity to seek damages. Get in touch with our dedicated legal malpractice lawyers in Dallas, TX right away for a thorough review of your case.
The Two-Year Deadline
The primary limit in Texas for filing is two years. This period typically starts on the date of the negligent act or omission. If an attorney missed a filing date, gave improper advice, or failed to disclose critical information, the clock likely began when the error occurred. Courts also consider when a client should have reasonably discovered the harm. If you are unsure of your start date, speak with Texas legal malpractice lawyers who can review relevant records to pinpoint your deadline.
The Discovery Rule and Tolling
Texas recognizes an exception known as the “discovery rule.” If the injury is not immediately apparent and was only uncovered later, the statute may begin at the point of discovery. In Willis v. Maverick, 760 S.W.2d 642, 644 (Tex. 1988), the Texas Supreme Court clarified that the clock does not necessarily run from the initial wrongdoing if the misconduct was genuinely hidden. Working with a Houston legal malpractice attorney can help you determine whether your situation meets this rule, as each case has unique facts.
Continuous Representation
Some claimants believe the clock resets for as long as the attorney continues to represent them. While Texas does not formally adopt a broad “continuous representation” doctrine, there are instances in which the attorney’s ongoing involvement may delay the accrual date. However, this exception is narrow and often requires specific proof that the attorney’s continuous representation concealed the malpractice or prevented the client from discovering it sooner. A legal malpractice attorney well-versed in Texas law can advise whether such arguments apply.
Fraudulent Concealment
If an attorney deliberately hides errors through misrepresentations or false statements, the statute of limitations could be tolled. Fraudulent concealment may extend the filing period until the client discovers, or should have discovered, the truth. Because fraudulent concealment claims involve demonstrating both the wrongdoing and the deceptive conduct, Texas legal malpractice attorneys must gather strong evidence before asserting this exception.
Other Exemptions
Certain circumstances can pause or modify the deadline. For example, minors or individuals deemed legally incapacitated under Tex. Civ. Prac. & Rem. Code §16.001 might have a tolled or extended limitations period. Claims arising from will drafting might begin after the testator’s death or probate proceedings. Additionally, if an attorney engages in prohibited activities such as solicitation, the timeline to sue might involve separate procedural steps.
Filing promptly preserves evidence, including witness testimony and crucial records. Once documents vanish, proving malpractice becomes more challenging. Insurance carriers may contest claims more aggressively when delays occur. Choosing a skilled Texas legal malpractice lawyer who prioritizes your case can bolster your chances of recovering damages.
Don’t Delay. Call Today!
The Kassab Law Firm is fully devoted to holding negligent attorneys accountable, whether you face missed deadlines, unethical practices, or errors leading to financial setbacks. Our legal malpractice lawyers in Houston, TX strive to defend your rights by examining every detail and pursuing appropriate remedies. If you suspect wrongdoing, act without delay. From initial evaluation to final resolution, our malpractice lawyers will guide you at every turn, working diligently to help you fully recover the damages you rightfully deserve. Call us today.