What is the statute of limitation in which to settle a legal malpractice case in Tennessee?

Answer 1

As set forth in T.C.A. §§ 28-3-104 (1980) and 29-26-116(a)(1) (1980), the statute of limitations for malpractice actions is one year. However, in the event that the alleged injury is not discovered within the stated one-year period, the limitations period is one year from the date on which the plaintiff discovers his or her injury. T.C.A. § 29-26-116(a)(1) (1980). The determination of when a legal malpractice cause of action accrues for statute of limitations purposes is, therefore, governed by a specific formulation of the “discovery rule” applicable to such actions. Carvell, 900 S.W.2d at 26. In legal malpractice cases, the discovery rule is composed of two distinct elements: (1) the plaintiff must suffer an injury as a result of the defendant’s negligence; and (2) the plaintiff must have known or in the exercise of reasonable diligence should have known that this injury was caused by the defendant’s negligence. Carvell, 900 S.W.2d at 28; See also Chambers v. Dillow, 713 S.W.2d 896 (Tenn. 1986); Security Bank & Trust Co. v. Fabricating, Inc., 673 S.W.2d 860 (Tenn. 1983); Ameraccount Club, Inc. v. Hill, 617 S.W.2d 876 (Tenn. 1981); Caledonia Leasing & Equip. Co. v. Armstrong, Allen, Braden, Goodman, McBride & Prewitt, 865 S.W.2d 10, 13 (Tenn. Ct. App. 1992); Batchelor v. Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, 828 S.W.2d 388, 393 (Tenn. Ct. App. 1991).