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Woman Sues West Virginia Attorney for Legal Malpractice

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Charleston, WVA woman from Wayne County, West Virginia, has filed a legal malpractice lawsuit against an attorney from Cabell County, claiming the lawyer missed the deadline for filing her personal injury complaint, reports the West Virginia Record.

Amye Hendricks filed the lawsuit against Timothy L. Eves and his firm, the Eves Law Firm, according to the news source. Hendricks was allegedly injured in a car accident on July 6, 2006, but she claims the attorney did not file the personal injury lawsuit until July 22, 2008, which was two weeks past the statute of limitations.

Judge Darrell Pratt reportedly dismissed the case on December 15, 2009, citing the statute of limitations, the lawsuit claims. Hendricks contends that she could have ultimately won the personal injury suit had it been filed on time.

The plaintiff, who filed the lawsuit in Kanawha County, is seeking unspecified damages as well as interest and court costs, the news source said.

Kanawha County has a population of more than 300,000 according to a 2009 Census estimate.

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