Why are damages so important in a legal malpractice lawsuit?
Damages are important in a legal malpractice lawsuit for two reasons. First, damages are a required element in bringing a legal malpractice suit. To put it simply, if you have no damages, you do not have a legal malpractice lawsuit.
Secondly, even if you do have damages, the amount of damages must justify bringing a legal malpractice action. For example, suppose you slipped and fell at a store. Perhaps you hurt your back and missed a few days of work. You hired an attorney to file a suit against the store. The attorney negligently forgot to file your suit, and it is now barred by the statute of limitations. Did the attorney commit malpractice? Absolutely. Is the best course of action to pursue a legal malpractice lawsuit? Maybe not.
Even though the attorney did mess up, it is important to evaluate your damages before bringing a legal malpractice lawsuit. In this scenario, assume that you have no permanent injury and your medical bills and lost wages only amount to a couple thousand dollars. While to you and me a couple thousand dollars is a significant sum, it is expensive to file and litigate a lawsuit. After paying costs and attorney fees, you may not recover enough, if any, to justify bringing the lawsuit.
The attorneys at Bailey & Greer can help you determine whether you have suffered any damages as a result of your attorney’s actions and whether your damages are sufficient to warrant bringing a legal malpractice lawsuit in Tennessee. If you would like more information on understanding your rights following legal malpractice, follow this link to our Articles Library and click on Legal and Professional Malpractice: Tennessee Legal Malpractice: Damages are Required or call us today for a free case consultation.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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