Legal Malpractice Statute of Limitations Delaware
Under 10 Del. C. 8106 no action to recover damages shall be brought "after the expiration of 3 years from the accruing of the cause of action . . .". This section governs actions for legal malpractice. Scott v. Bosari, Del. Super. P. 9 WL 682615 (1994).
"However, the statute will begin to run from the date of discovery or injury in cases where the negligence was inherently unknowable by a blamelessly ignorant plaintiff." Scott at 9; citing Wilson v. Chem-Solv, Inc., Del.Super., C.A. 85C-MY-1, Lee, J. (March 22, 1990)(ORDER).
"Courts have expressed a significant concern over the layperson's inability to ascertain legal malpractice at the time it is committed. Scott at 9; citing Pioneer National Title Insurance Co. v. Sabo, 432 F. Supp. 76 (D.Del. 1977).
In order to recover for legal malpractice there must be an employment of an attorney, neglect of an attorney's professional obligation, and a resultant loss. Sanders v. Malik, Del.Super. WL 817854 (1997).