Tag Archives: settlement

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

By Robert Ross | Posted on May 10, 2017

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 »