What You Can—and Can’t—Recover if Your Lawyer Let You Down
When you hire a lawyer, you trust them to protect your rights, meet deadlines, and fight for your best interests. But what happens when your attorney makes a serious mistake—missing a statute of limitations, mishandling evidence, or giving you bad advice that costs you money? Even worse, what happens if their actions are so bad that they cause you extensive emotional distress and worse?
If your lawyer’s negligence caused you financial harm, you may have a claim for legal malpractice. At 1818, we represent individuals and businesses who have been harmed by attorneys who failed to live up to their professional duties. But it’s important to understand from the start: Illinois law limits what kinds of damages you can recover.
The Purpose of a Legal Malpractice Claim
Legal malpractice cases are about making you whole financially, not punishing the lawyer or compensating you for emotional harm. In other words, the focus is on economic loss—the money you lost because your lawyer’s mistake prevented you from achieving a better outcome.
The goal of a malpractice lawsuit is to put you in the same position you would have been in if your lawyer had done their job correctly.
What You Can Recover
1. Economic Losses
This is the core of almost every legal malpractice case. Economic losses may include:
- The value of the case you lost because of your lawyer’s negligence (“the case within the case”);
- Money you had to pay to fix the lawyer’s mistake or hire a new attorney; and
- Other direct financial harm tied to the malpractice.
For example, if your lawyer failed to file a lawsuit before the statute of limitations expired, your damages are generally what you would have won in that lawsuit—no more, no less.
2. Costs to Correct the Problem
You can sometimes recover reasonable costs and attorney’s fees you paid to repair the damage—such as hiring new counsel to reopen a case or undo a settlement—but only if those costs directly flow from the malpractice.
What You Can’t Recover
No Punitive Damages
Illinois law is crystal clear: you cannot recover punitive damages in a legal malpractice case. The Illinois statute (735 ILCS 5/2-1115) expressly prohibits punitive or “exemplary” damages in actions against lawyers.
No Emotional Distress or “Pain and Suffering”
Even though losing a case or being betrayed by your attorney can be incredibly stressful, Illinois courts generally do not allow recovery for emotional distress in malpractice cases. The harm must be financial and measurable—not personal or psychological.
No Right to Attorney’s Fees
Unlike some consumer protection or whistleblower laws, legal malpractice cases don’t include fee-shifting—meaning you must typically pay your own legal fees unless they are part of your direct damages (for example, fees paid to fix the mistake).
Why This Feels Unfair—But Still Matters
Clients often tell us, “It’s not just about the money—it’s about what they put me through.” And they’re right. When an attorney’s carelessness or dishonesty causes you harm, it’s not just financial—it’s personal. But Illinois law doesn’t let courts award punitive or emotional damages in these cases.
That doesn’t mean pursuing a claim isn’t worthwhile. Recovering your financial losses and holding a negligent lawyer accountable can bring closure and restore trust in the legal process.
The Bottom Line
If your lawyer’s mistake cost you money, you have rights—but the law limits your recovery to economic damages. You can’t seek punitive damages, emotional distress, or automatic attorney’s fees. What you can recover is the financial value of what you lost because your attorney failed to meet their professional duty.
Our team at 1818 can review your situation, determine whether you have a viable malpractice claim, and help you pursue justice through the proper channels.
If you believe your lawyer’s negligence caused you harm, reach out for a confidential consultation.
