Legal Malpractice | What is the Time Limit for Filing a Claim for Attorney Negligence?

By Jeffery L. Robinette, PLLC posted in Legal Malpractice, WV Legal Malpractice Claims on Friday,November 4, 2016

Statute of limitations for Legal Malpractice Claims in West Virginia

There are three statute of limitations periods applicable to legal malpractice claims -- two-year, five-year and ten-year limitations period.

If your attorney has committed a serious act of legal malpractice such as failing to file a complaint, then you should promptly contact a qualified legal malpractice lawyer to ensure that you have every opportunity to resolve the claim before your claim is disqualified by missing the time limit for filing your particular type of claim.

There are three different statute of limitations periods for legal malpractice claims for this reason: the law recognizes a distinction between a written contract for legal services, an oral contract for legal services, and common law (non-statutory) rights to recover for damages caused by negligent conduct.

The law provides the greatest period of recovery for contract claims -- 10 years for written contract and 5 years for oral contracts -- but there are some limitations on rights of recovery. The shortest statute of limitations period is assigned to negligence claims against lawyers -- such claims must be brought within two years of the negligent conduct.

To establish a valid legal malpractice claim, one has to prove that:

The statute of limitations has not expired;
The attorney owed his or her former client a duty of professional care and breached that duty;
The negligence resulted in substantial damage to the underlying case.

Don't get burned twice. Contact our office for a free consultation to discuss your situation. We would be glad to help to direct you toward your best resolution.