If your lawyer’s mistake cost you a settlement, a court win, or your business reputation, what’s that worth?
Legal malpractice isn’t just about frustration. It’s about loss. And if you’re here, you’re probably wondering whether that loss adds up to something you can actually recover. The answer? Maybe. But only if the harm is real, the evidence is solid, and the right legal team is on your side.
At 1818, we represent clients who’ve been let down by the very professionals they trusted to protect them. We know what malpractice looks like—and more importantly, we know how to value it.
Let’s break down what goes into calculating the worth of a legal malpractice case—and what you can do next.
What Counts as Legal Malpractice?
Legal malpractice happens when an attorney’s actions—or inaction—falls below the accepted standard of care in the legal profession, and that failure causes measurable harm to the client. That means:
- They had a duty to act competently.
- They breached that duty through negligence.
- Their mistake directly caused you harm.
- You suffered real damages, often financial.
Bad outcomes alone don’t necessarily equate to malpractice. But if your attorney missed deadlines, gave incorrect advice, made critical procedural mistakes, or acted with clear conflict of interest, and it cost you something significant, you may have a case.
How Much Is a Legal Malpractice Case Worth?
There’s no flat rate for legal malpractice claims. Case value depends heavily on your specific losses, including financial, professional, and in some cases, emotional harm. Let’s break it down.
1. The Value of the Underlying Case
In many malpractice claims, the damages you’re seeking are tied to the case your original lawyer mishandled. This is called a “case within a case.”
For example:
- If your attorney missed a deadline and your entire personal injury case got dismissed, the value of your malpractice case may equal what you would have won in that injury case, plus any extra costs you incurred trying to fix the situation.
- If you lost a business lawsuit because your lawyer failed to present key evidence, your damages might include lost profits, settlements you paid, or damage to your company’s reputation.
The stronger and more valuable your original case, the more a malpractice claim may be worth.
2. Financial Losses Directly Caused by the Lawyer’s Mistake
You can also recover damages for actual, out-of-pocket costs caused by your lawyer’s error, such as:
- Court sanctions or penalties
- Missed settlements
- Lost income or business opportunities
- Fees paid to new attorneys to clean up the mess
- Interest or tax consequences tied to the mishandling
Factors That Impact the Value of a Legal Malpractice Case
While the losses you suffered are central, other elements can influence the outcome and potential settlement value.
Strength of the Evidence
You’ll need clear, well-documented proof of:
- What your lawyer did or didn’t do
- How they breached professional standards
- How that breach caused specific harm
Emails, contracts, court documents, and expert opinions all matter. Weak evidence = weak claim. Strong documentation = leverage.
Statute of Limitations
Legal malpractice cases are time-sensitive. In Illinois, you typically have two years from the date you discovered the malpractice to file a claim.
Whether the Lawyer Has Malpractice Insurance
Many attorneys carry errors and omissions (E&O) insurance, which can provide coverage for malpractice claims. If they do, there’s a higher chance of recovering damages in a settlement. If they don’t—or the insurer fights the claim—it may impact how much (or how quickly) you can recover.
What’s the Average Legal Malpractice Settlement?
There’s no universal “average” because legal malpractice claims vary significantly based on the type of underlying case and the specific damages. Most settle privately, and many are subject to confidentiality agreements.
If you want a clearer idea of what your legal malpractice case could be worth, reach out to 1818 for a personalized evaluation.
When a Legal Malpractice Claim Isn’t Worth It
Not every mistake is worth suing over. In fact, some malpractice claims cost more to pursue than you’d likely recover. Here’s when a claim might not be worth your time:
- The financial loss is small (e.g., under $10K)
- You don’t have solid documentation
- There’s no clear “but for” causation (as in, the outcome may have happened regardless)
- You’ve passed the statute of limitations
That’s why at 1818, we start every potential malpractice case with a strategic evaluation. We’ll tell you—honestly—if pursuing a claim makes sense, or if another route might be better.
How to Maximize the Value of Your Case
If you think you’ve been a victim of legal malpractice, here’s what you can do right now:
Gather Every Document
Emails, court filings, invoices, contracts—anything that shows what went wrong and how it affected you.
Request a Second Legal Opinion
A new attorney can help confirm whether your previous lawyer truly made an actionable mistake.
Write Down What Happened
Dates, conversations, decisions. Your memory is best now—capture it while it’s fresh.
Don’t Wait
The longer you wait, the harder your case becomes. Even if you’re unsure, talk to someone now.
You Don’t Deserve to Pay for Your Lawyer’s Mistake
Legal malpractice cases are tough—but so are we.
At 1818, we focus on helping clients who’ve been failed by the very people they trusted to protect them. We understand the financial, emotional, and professional toll of a lawyer’s negligence—and we fight to get justice for those affected.
If you’re wondering how much your legal malpractice case may be worth, contact us. We’ll review the facts, walk you through your options, and give you an honest perspective on what’s next.
You only get one shot to hold your former lawyer accountable. Let’s make it count.
