Lawsuits and litigation often bring stress to everyone involved. You trust your attorney to manage your case with skill and care and when they fail to do so, it can devastate you both financially and emotionally.
Imagine losing your personal injury case simply because your lawyer missed a critical filing deadline. Beyond losing compensation for your injuries, you also suffered from anxiety, sleepless nights and a deep sense of betrayal.
Now you’re wondering, can you claim relief for your emotional suffering? The first step towards answering your question lies in understanding what emotional damages cover.
Understanding emotional damages
Emotional damages are non-economic damages that address harm beyond measurable and financial losses. Courts usually award them in personal injury cases when you suffer from intense pain and suffering due to someone else’s negligent actions.
Simply put, a claim for emotional damage compensates you for your psychological pain. They recognize that harm caused by negligence extends beyond just your back account. Thus, you deserve acknowledgement and relief for your mental and emotional suffering.
However, these claims may not always apply to all cases. The rules can change especially if you are facing a legal malpractice claim.
How it applies to legal malpractice cases
Unfortunately, you face significant barriers when seeking emotional damages in legal malpractices cases. Colorado courts typically do not allow compensation for emotional distress in these situations. Instead, the law focuses on the financial losses your attorney’s negligence caused.
However, there may be some exceptions to this case. If your lawyer’s misconduct created an unreasonable risk of bodily harm, then ground for an emotional damage claim may be considered. These cases are rare but are still worth looking into if you want to explore your legal options.
Exploring your legal options
You may feel hesitant about trusting another attorney after your experience. This reluctance is understandable. Your previous legal counsel did not deliver as expected, and it can be challenging to overcome that negative experience.
Despite these concerns, consulting with a legal malpractice attorney remains your best option. You deserve fair compensation for the harm you suffered. A qualified lawyer can help evaluate your situation and help you pursue the relief that you deserve.
Taking this step allows you to hold negligent attorneys accountable and begin your journey towards recovery.