Goddard & Wagoner PLLC has offices in Clarksburg, WV and Morgantown, WV. However, our lawyers handle lawsuits all over West Virginia, eastern Ohio and southwestern Pennsylvania. Legal malpractice lawsuits can be difficult to bring. To win, you must prove that your lawyer owed you a duty, that he/she breached that duty, and that the breach of the duty (also known as a failure to meet the legal standard of care) caused you damages.
The lawyers at Goddard & Wagoner take the possibility of bringing legal malpractice cases very seriously. First, we are selective in deciding when to bring a legal malpractice suit. Not every breach (mess up) is created equal. Stated another way, no one is perfect, and some decisions that can be questioned in retrospect look different from the outset. As you may have heard, hindsight is always 20/20. For that reason, poor strategy decisions are rarely sufficient to create a legal malpractice case. Other issues arise which can create a sound legal malpractice claim. In most lawsuits, the statute of limitations mandates that a lawsuit must be brought within a certain period of time. If the lawyer misses that time frame, there may be a case. However, even in that situation, you have to prove that you were damaged (or that the case you wanted to bring was likely meritorious). Other cases can arise when a lawyer fails to make obvious arguments or fails to do something that a “reasonable lawyer in the same or similar situation” would have done. For instance, a claim can arise because a lawyer failed to carefully read a contract or failed to use certain language in a deed.
The lawyers at Goddard & Wagoner are willing and able to review your potential legal malpractice claim. If you believe you have been significantly harmed by a lawyer’s malpractice, call us today at 304-623-HELP (4357).