So, you have filed a malpractice suit against your lawyer. Now what? Your attorney was deemed negligent. Maybe they will be required to pay a fine to the bar association or maybe their license to practice law will be suspended. But what about you? You are the one who suffered. The law permits someone who sued their lawyer for legal malpractice to recover damages.
Types Of Damages In A Lawsuit
Generally, there are two types of damages you can be awarded when somebody has wronged you: compensatory damages and punitive damages. Compensatory damages are awarded to make you whole again – as best as possible. These damages include both economic damages (e.g. lost wages, medical expenses, funeral expenses, or property damages) and non-economic damages (e.g. pain and suffering, loss of companionship). On the other hand, punitive damages are exceptional and sometimes are a rarity. When courts permit such damages, the reason is not to compensate the wronged individual (or company), but to serve as a deterrence for society to avoid such egregious behavior in the future.
Damages In Legal Malpractice
Why are damages important in cases of legal malpractice? If they negligently act (or fail to act when they should have), the result is big financial losses. What types of compensatory damages can you recover from a legal malpractice claim? You can be awarded the compensation you would have received were it not for your attorney’s negligence. These compensatory damages attempt to make the client whole as they would have been had their attorney not been negligent. But what about punitive damages?
Illinois Court Refuses Punitive Damages In Legal Malpractice Claim
Recently, a federal district court in Illinois refused punitive damages for a legal malpractice claim. In that case, the plaintiffs sued their attorney for legal malpractice because the attorneys “played both sides of the aisle”, so to speak. A former executive broke away from the company and began to compete against plaintiffs. While still representing them, the plaintiffs’ attorneys aided the former executive in competing against the plaintiffs. While this may seem like the type of malpractice case punitive damages were meant for, the Illinois court dismissed the clients’ call for punitive damages. Under Illinois statutory law, punitive damages for claims related to legal malpractice are strictly prohibited.
Kentucky Supreme Court Allows For Punitive Damages
However, not all jurisdictions are alike. On the contrary, the Supreme Court of Kentucky has recognized a long-standing rule of permitting an award of punitive damages in legal malpractice cases. Thus, if an attorney was “grossly negligent” in handling your case and acted with “oppression, fraud, or malice” you may be entitled to further damages against the attorney who wronged you. Remember, these punitive damages are not meant to make you whole, but to deter the offending attorney from acting grossly negligently again and to deter other attorneys from any grossly negligent conduct.
A lawyer can help you configure an estimate of the damages you can potentially receive. They will also assess the viability of a call for punitive damages.
Kentucky Malpractice Attorney
Retaining a legal malpractice attorney can give you much-needed peace of mind in knowing that a skilled professional is representing your interests against a lawyer who failed to represent you according to professional standards. Backed by decades of experience, William F. McMurry & Associates knows what it takes to get legal malpractice victims compensation and justice. Not only that, but founder William F. McMurry is Board Certified in Kentucky as a legal malpractice trial specialist by the American Board of Professional Liability Attorneys. Contact William F. McMurry & Associates at (502) 326-9000 or contact us online to discuss your potential Kentucky legal malpractice case.