Author Archives: Robert Ross
Emotional Distress Damages in Legal Malpractice
As a general rule, plaintiffs cannot recover damages for emotional distress in a legal malpractice action. THE GENERAL RULE: EMOTIONAL DISTRESS UNAVAILABLE WHEN THE PLAINTIFF SUFFERS ONLY PROPERTY DAMAGE OR ECONOMIC LOSS Where the attorney’s “ordinary negligence” causes only economic or property-related damages, the plaintiff cannot recover damages for emotional distress. The stress of… Read More »
Recoverable Damages in Legal Malpractice: Economic Losses
Plaintiffs seeking to bring a malpractice action against former counsel should know what kind of damages they will need to prove (and possibly be permitted to recover). Knowing what kinds of damages are available helps plaintiffs decide when and if to being suit. COMPENSATORY DAMAGES IN LEGAL MALPRACTICE Generally, the law allows recovery of “compensatory… Read More »
Damages in Legal Malpractice: How Much Must a Client Suffer to Prevail?
Damages are a mandatory element of a legal malpractice claim. This means that unless the plaintiff suffers actual damages, (s)he cannot prevail and obtain a judgment against an attorney for malpractice. In fact, if it’s clear no damage resulted from the attorney’s professional negligence, the court will dismiss a malpractice lawsuit before trial. HOW… Read More »
Causation in Legal Malpractice: the “Substantial Factor” Test
Generally speaking, the test for causation in legal malpractice requires the plaintiff to prove that the plaintiff’s damages would not have occurred “but for” the attorney’s breach of a recognized legal duty. This is commonly known as the “but for” test. However, real world situations don’t operate in a vacuum, and sometimes a plaintiff’s… Read More »
“Causation” in Legal Malpractice: Litigation vs. Transactional Issues
The plaintiff in a legal malpractice action generally bears the burden of proving that the lawyer’s professional negligence was the cause of the client’s damages. With some exceptions, the client must prove causation with legally admissible evidence or there plaintiff’s malpractice suit cannot prevail. The manner in which a client proves causation differs somewhat if… Read More »
Exploring Causation in Legal Malpractice: Actual Cause
The primary test for causation in a legal malpractice/professional negligence case is known as the “but for” test. Under the “but for” test, the plaintiff must prove, with admissible evidence, that the lawyer’s breach of a legally recognized duty (owed to the plaintiff) was the actual cause of the plaintiff’s legally recognized damages. In… Read More »
Understanding “Causation” in Legal Malpractice
In order to prevail in a legal malpractice claim, the plaintiff client (or former client) must prove that the lawyer’s wrongful conduct caused the plaintiff to suffer injury or damages. This is called the “causation” requirement, and it’s a mandatory element of a malpractice claim or lawsuit. It isn’t enough to show that the attorney… Read More »
Uninsured Motorist Insurance: How Much is Enough?
Last week, we looked at Uninsured (and Underinsured) motorist insurance generally — what it covers, and what to do if an accident occurs. Today, we’re returning to the subject to look at how much uninsured or underinsured motorist coverage people need to purchase. Obviously, state-mandated minimum insurance levels won’t be all that helpful if… Read More »
Uninsured and Underinsured Motorists: Documenting the Claim
Part 1 of our mini-series on uninsured and underinsured motorist claims and coverage addressed the basic questions associated with insuring yourself against drivers with insufficient insurance. Today, we look at what to do in the event of an accident with an uninsured or underinsured driver. ALWAYS GET THE OTHER DRIVER’S INFORMATION. After an auto… Read More »
Are You Protected Against Underinsured Motorists?
This week, we’re taking a break from the usual topics to take a look at the issues surrounding uninsured and underinsured motorists. Too many drivers fail to consider the consequences of having an accident with an uninsured (or underinsured) driver. Fortunately, many of those consequences are avoidable–if you purchase and maintain the right insurance…. Read More »
