What qualifies as legal malpractice?

Legal malpractice happens when an attorney fails to provide competent representation, breaches the duty owed to the client, and causes real damage as a result. Common examples include missing a statute of limitations, failing to file critical documents, botching case preparation, conflicts of interest, failure to communicate, and giving negligent settlement advice. You have to prove the attorney's work fell below the professional standard of care — and that you lost money because of it.

What damages can I recover from a legal malpractice claim?

The primary damage is the loss of your underlying case — the difference between what you would have recovered with competent representation and what you actually got. On top of that, you may recover for emotional distress, damaged credit, lost business opportunities, and out-of-pocket costs caused by the attorney's negligence. In cases involving gross negligence or intentional misconduct, punitive damages may also be on the table.

What is the statute of limitations for legal malpractice in Illinois?

Two years from the date you discovered or should have discovered the injury caused by your attorney's negligence. But there is an absolute cutoff — you must file within six years of the negligent act itself, no matter when you found out. These deadlines are strictly enforced. If you think your previous lawyer cost you money, call me now at 312-500-4500 before the clock runs out.

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scott desalvo, chicago personal injury lawyer

About Scott DeSalvo

Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.

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Law Office of Scott D. DeSalvo, LLC

Main Office:
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Oak Brook, IL 60523
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None of the above is legal advice. Every case is different. Nothing above should suggest the promise of any particular outcome on your case. If you need a lawyer, it is an important decision you must consider carefully. This website contains promotional and informational material only. If you need a lawyer or have a case, seek the advice of an attorney immediately. Do not rely on the information contained on this website alone. It cannot take the place of the knowledge, experience, advice and judgment of a skilled, aggressive and ethical attorney. Copyright ©2025 DeSalvo Law - Full Disclaimer: desalvolaw.com/disclaimer