Evaluating Damages in a Legal Malpractice Claim

Key to successfully resolving many malpractice claims is countering plaintiff’s damages theory with a rigorous assessment of the damages available. Developing a persuasive damages evaluation involves considering the following subjects:

• Liability Analysis – discount for potential defense verdict / summary judgment on some or all issues
• Direct Damages – hard losses allegedly caused by the malpractice
• Emotional / Non-Economic Damages – depends on state’s application of economic loss rule
• Consequential Damages – more attenuated losses allegedly caused by the malpractice
• Punitive Damages – depends on the potential degree of fault

Please note, MCLE credit can only be provided to those who attended the live presentation.


Susan Wall

Partner, Charleston

Hal Frampton

Partner, Charleston


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