123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Legal Malpractice And Punitive And Emotional Distress Awards

Profile Picture
By Author: R. Klettke
Total Articles: 49
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

Lawsuits that involve attorney negligence typically involve recovering compensatory damages from subpar legal representation. The courts will sometimes also award punitive damages to the plaintiff as a result of a lawyer’s breach of his fiduciary duties. These types of lawsuits are referred to as "legal malpractice" cases brought by legal malpractice attorneys.


Most often, the damage awards are based on actual loss. An example is when an individual loses a medical malpractice case, where $200,000 in lifetime medical expenses and lost income was sustained as a result of the malpractice. If the medical malpractice attorney who represented the plaintiff in the original lawsuit failed to provide services consistent with the standard of care expected of all attorneys – i.e., use of qualified expert testimony, adherence to rules of the court, meet all statutes of limitation, bring all relevant evidence to trial – that attorney can be sued if he or she lost the case because of the lawyer negligence or lack of ethics.
...
...

Using the same example, if the plaintiff suffered emotionally as a result of the original case – and the case is found to have been lost due to attorney negligence the client would be entitled to emotional distress damages. If the lawyer was found to have had a conflict of interest while representing the plaintiff punitive damages may be imposed. Punitive damages are when one or more of the following factors can be proven by clear and convincing evidence:

Oppression

Fraud

Malice

As with all cases of legal malpractice, a material connection between these factors (oppression, fraud, malice and negligence) needs to be connected to the negative judgment in the original case.


A legal malpractice attorney can correct for past poor representation


Legal malpractice cases are serious cases that can result in the award or loss of many thousands of dollars depending on the outcome. If you believe that you have suffered damage due to a negligent attorney, it would be worth your while to first research and hire a prominent and experienced personal injury lawyer who specializes in prosecuting other attorneys for legal malpractice. These attorneys can oftentimes be found online calling themselves “legal malpractice attorneys”, a good sign that suing other lawyers lies in their areas of practice.


R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.


Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.

Total Views: 326Word Count: 464See All articles From Author

Add Comment

Legal Articles

1. The Benefits Of Hiring A Collective Bargaining Attorney In Nyc
Author: indexblogger

2. Interview Waiver For Us Visa Renewal - Everything You Need To Know
Author: Hardik Shah

3. Dui Lawyer Dinwidde Va
Author: Dui Lawyer Dinwidde VA

4. The Evolution Of Content Marketing For Law Firms: Trends And Innovations
Author: jamewilliams

5. Top 5 Reasons To Hire A Labor Lawyer In New York City
Author: indexblogger

6. Bail Lawyer In Cyber Crime Case – Advocate Deepak: Your Trusted Legal Expert
Author: Advocate Deepak

7. Best Cheque Bounce Lawyer In Delhi
Author: SACHIN KASHYAP

8. How Solar Companies Are Reshaping The Investment Landscape
Author: precize

9. Budgeting For Your Uk Business Trip: Visa Fees And Expenses
Author: The SmartMove2UK

10. How To Choose The Best Ssd Attorney Near Me For Success
Author: ADVAN

11. Common Mistakes To Avoid When Applying For A Sponsor Licence
Author: Amir hsuen

12. Insurance Attorney In Dubai
Author: The Law Reporters

13. The Psychology Of Persuasion In Legal Marketing: Influencing Client Behavior And Decisions
Author: jamewilliams

14. Your Gateway To Uk Business: Guide To Uk Business Visas
Author: SmartMove2UK

15. Iim Bangalore, Iit Madras Release Joint Report On India’s Evolving Startup Incubation Landscape
Author: Dev kumar

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: