Claiming Damages For Legal Malpractice

Any legal malpractice is always based on negligence and has the same elements included in any negligence claim. And the ultimate question comes whether the attorney in question exercised a reasonable degree of care and skills possessed by an ordinary lawyer in the same circumstances. If the lawyer’s action is found to be wanting, then the client must recover damages. When it comes to determining the number of damages owed to the clients, the main issue is whether and how they have suffered harm. This often involves a trial within a trial. If you have a legal malpractice case, the proper measure of your damages will constitute the amount you would have recovered in your underlying case if it was executed correctly.

Recovering Damages In A Legal Malpractice Case

As a plaintiff, you need to show evidence from which the judge or jury may reasonably infer that the damages you claim have been due to your lawyer’s conduct. Such a scenario becomes extremely hard without a legal malpractice attorney in Atlanta. A good malpractice lawyer will help you understand the court's credible criteria to establish and calculate damages. The damages you may recover in a legal malpractice case include both the direct and consequential damages.

1. Direct damages: This is brought about by the difference between the amount a client received or got paid and the actual amount that would have been obtained were it not for the lawyers’ negligence.

2. Consequential damages: This is related to the amount such as emotional distress, injuries to one’s reputation or attorney’s fees incurred due to their negligence.

You may also be able to recover from:

Punitive damages: These may be awarded if the plaintiff can establish culpable conduct to amount to such kind of damages. In such a case, there must be evidence of:

1. Reckless or intentional behavior and the lawyer is aware, but consciously neglects the consequences of the act.

2. Intentional misrepresentation or a false impression such as to mislead another. These actions must be motivated by ill will.

The fact is that many problems arise concerning determination of damages, and this makes such cases to be so complicated. However, with a legal malpractice attorney in Atlanta, you may achieve the fairness you deserve.

actions have injured a client is, “can I sue my lawyer for legal malpractice”? In any case, a lawyer has to be liable to their client for damages, if they failed to exercise reasonable care and skills exercised by lawyers practicing in the same jurisdiction. Concerning recovering legal fees, the below categories must be put into consideration:

1. The initial fees for the legal services that were negligently offered by the lawyer in question

2. The amount used to collect the mistakes conducted by the negligent lawyer

3. Legal fees paid by the plaintiff to take legal action against the negligent lawyer

If in a situation where you’re pondering on the

Three Categories That Constitute Damages From Legal Malpractice

In any legal malpractice case, there must be expert testimony needed to establish that the negligence attorney deviated from their expected standard of care. Among the diverse questions, one of them that often arise when a lawyer's a question of, can I sue my lawyer for legal malpractice? Watson Burns, PLLC, has got you covered. There must be a genuine issue of material fact to provide evidence that you suffered from your lawyer's negligent acts. An experienced legal malpractice lawyer can only obtain this. You don’t have to suffer financially and physically if your lawyer has screwed you up. The firm has got a good rate of success and will ensure you get the justice you deserve.

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Created on Sep 13th 2020 23:07. Viewed 211 times.

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