Victims of legal negligence or malpractice have options for recourse. Legal malpractice occurs when an attorney fails to meet the standard of skill, prudence, and diligence that is typically expected of legal professionals in similar situations. If a client’s case is compromised or lost because of their attorney’s negligence, the client may be entitled to damages, provided they can show that a more favorable outcome would have been likely if the attorney had acted as a reasonably prudent lawyer.
The Case-Within-a-Case
To ascertain damages in a legal malpractice claim, the underlying case must be a valid one. If liability was in dispute or was questionable, the plaintiff may not be able to pursue a claim for legal malpractice unless his legal malpractice attorney can establish liability. To prevail, your attorney must try the underlying case, or the case-within-a-case unless the parties can agree on some degree of liability. If liability is proven, then it must be shown that the alleged legal negligence was the proximate cause for the plaintiff’s damages. In other words, but for the negligent act, the plaintiff’s case would have resulted in a favorable settlement or verdict instead of being lost or greatly diminished in value.
Damages in a Legal Malpractice Claim
A party whose attorney committed legal negligence can recover certain damages in a legal malpractice claim including:
- Economic loss—the difference between what the plaintiff recovered, if anything, and the amount she would reasonably have recovered but for the negligence. If the plaintiff’s attorney tries the case-within-the-case, the trier of fact can return a verdict for damages for medical expenses, lost earnings, property losses, or what a beneficiary should have received in a probate matter that was negligently handled.
- Non-economic loss–this typically includes pain and suffering but is only available in claims where such damages were recoverable in the underlying case.
- Reimbursement for legal fees paid to the legal malpractice attorney (legal fees paid to the negligent attorney, if any, are not recoverable).
- Chapter 93A damages in some cases—where the negligent attorney’s conduct was particularly deceptive or fraudulent, you may be entitled to treble damages. Once a plaintiff has proven liability in the underlying case and the negligent conduct was the cause of the harm suffered, a separate hearing can be held before the trial judge who decides whether multiple damages may be awarded.
- Punitive damages are not recoverable.
- In a criminal matter, there are formulas for determining the value of your freedom lost.
Note that If the attorney is insolvent or if the judgment cannot be collected from either the original defendant or their insurer, the plaintiff’s case will be unsuccessful. Also, while most attorneys and law firms carry legal malpractice insurance, it’s important to know that most policies do not cover damages awarded under Chapter 93A.
Retain a Legal Malpractice Attorney from Burns and Jain
If you are considering a potential claim, consult a legal malpractice attorney from Burns and Jain. Many individuals involved in various legal matters may feel dissatisfied with the outcome of their case, but not all such situations qualify as legal negligence or are the primary reason their case fell short of expectations. Contact a highly experienced attorney from Burns and Jain to discuss your circumstances.