Evaluating Damages in a Legal Malpractice Claim

Key to successfully resolving many malpractice claims is countering plaintiff’s damages theory with a rigorous assessment of the damages available. Developing a persuasive damages evaluation involves considering the following subjects:

  • Liability Analysis – discount for potential defense verdict / summary judgment on some or all issues
  • Direct Damages – hard losses allegedly caused by the malpractice
  • Emotional / Non-Economic Damages – depends on state’s application of economic loss rule
  • Consequential Damages – more attenuated losses allegedly caused by the malpractice
  • Punitive Damages – depends on the potential degree of fault

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