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Tag Archives: emotional distress

Emotional Distress in Legal Malpractice Actions

By Robert Ross |

DAMAGES FOR EMOTIONAL DISTRESS ARE NOT TYPICALLY RECOVERABLE IN LEGAL MALPRACTICE ACTIONS. Generally speaking, plaintiffs in legal malpractice actions cannot recover damages for emotional distress resulting from the lawyer’s negligence (malpractice). However, damages for emotional distress┬ámay be available in legal malpractice actions where the client can prove: 1. The emotional distress was severe, and… Read More »

Emotional Distress in Legal Malpractice Cases

By Robert Ross |

EMOTIONAL DISTRESS DAMAGES ARE NOT NORMALLY AVAILABLE IN LEGAL MALPRACTICE ACTIONS Some lawsuits, and some types of claims, allow a plaintiff to recover (or attempt to recover) damages to compensate for emotional distress (and resulting injuries) suffered as a result of a defendant’s wrongful conduct. The general rule in California is that damages for… Read More »

Emotional Distress Damages in Legal Malpractice

By Robert Ross |

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 »

Damages in Attorney Malpractice: What Must A (Former) Client Prove?

By Robert Ross |

Damages are a mandatory element of a legal malpractice action. If the plaintiff has not incurred demonstrable damages as a result of an attorney’s wrongful conduct, the malpractice claim cannot prevail. Although it seems unfair to some people, “mere” breach of a professional duty–without measurable damages–does not create a legal malpractice claim. Nominal damages… Read More »

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