How Are Damages Proven in a Legal Malpractice Case?
A legal malpractice claim is a key component of seeking accountability when an attorney provides substandard legal representation. The focus of the case is to prove your “damages,” which are legally recognized losses. At Pierce Law Firm, we know what evidence is useful at establishing your full damages, and we use our legal experience to seek compensation from negligent lawyers. Contact us with any questions.
What Damages Can You Receive?
Each legal malpractice case is unique, but many disappointed clients can request damages for the following:
- Lost court judgments. Were you hoping to sue a person for compensation, possibly for a personal injury? If so, you can seek any lost court judgment as damages in a legal malpractice case. For example, you might have suffered $1 million in damages for an Uber accident, but your lawyer failed to file the lawsuit in time. You might seek $1 million in damages against your lawyer for losing the case.
- Lost settlements. Sometimes our clients wanted to settle a dispute, but the lawyer botched negotiations. We can possibly request damages for a lost settlement.
- Legal fees. Often, a legal malpractice plaintiff can seek the legal fees for the cost of suing their lawyer.
- Reimbursement of compensation paid. You might bring a malpractice claim against your defense attorney. For example, you might have been sued for personal injury at your home. Because your defense lawyer committed malpractice, you can seek damages in the amount of what you paid after losing a lawsuit.
- Other economic losses. Generally, we can seek economic damages if they were foreseeable at the time the lawyer committed malpractice.
Because each case is different, you should schedule a consultation with our office. We can discuss the legal representation you received and how it financially harmed you.
What Evidence Do We Use to Prove Damages?
Evidence is essential in a malpractice claim. You might have received terrible legal representation, but you must prove damages to bring a winnable case. If you didn’t suffer any loss, then the “no harm, no foul” principle comes into play.
If you were suing for malpractice based on personal injury, we typically rely on medical records, wage statements, and testimony from friends and family to establish your pain and suffering. In short, we need to prove you had a viable personal injury case.
To prove other economic losses, we can rely on other business records, such as contracts you have signed. You might not have been able to perform these contracts because of a lawyer’s malpractice.
Communication between you and your lawyer is also key. This communication might contain evidence of a legal mistake. Share emails and letters sent by your lawyer.
Damages cannot be speculative, which is a key limitation. If you were hurt in a car accident, you can’t argue, “I might have gotten a new job that paid twice as much.” Instead, we need to prove them with reasonable certainty. Work with an established malpractice attorney.
Contact a Seasoned Legal Malpractice Attorney
Establishing damages is a challenging part of any legal malpractice case. At Pierce Law Firm, we know what documents can form the foundation of a successful legal claim. Call to speak with a Houston legal malpractice lawyer.