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Tag Archives: punitive damages

Why Are Lost Punitive Damages Not Awarded in Legal Malpractice Actions?

By Robert Ross |

PLAINTIFFS IN MALPRACTICE ACTIONS CANNOT GENERALLY RECOVER “LOST PUNITIVE DAMAGES” FROM NEGLIGENT COUNSEL. A client who fails to recover punitive damages in a legal action–even as a result of attorney negligence–generally cannot claim the “lost” punitive damages as part of the compensatory damages claimed in a legal malpractice action. While plaintiffs may consider these lost punitive damages… Read More »

What Damages Can Plaintiffs Recover in Premises Liability Cases?

By Robert Ross |

Generally, Successful Plaintiffs in Premises Liability Cases Can Recover All Actual Damages Caused By the Defendant’s Negligent Conduct.  “Actual” or “Compensatory” damages are the standard measure of damages in premises liability cases. Actual damages means all damages proximately caused by the defendant’s negligent or wrongful conduct. This may include repair or replacement costs for damaged… Read More »

Punitive Damages in Attorney Malpractice Actions

By Robert Ross |

WHAT ARE PUNITIVE DAMAGES? Punitive damages are a form of damages courts can order defendants (including defendant attorneys, in proper circumstances) to pay to prevailing plaintiffs. Punitive damages are monetary in nature, and represent amounts in excess of damages actually suffered by the plaintiff. Although punitive damage awards are not available in all cases (in fact,… Read More »

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