If your attorney’s negligence cost you a legal victory, financial settlement, or a critical opportunity to defend yourself, you may be wondering, how much can I recover in a legal malpractice case? The answer depends on the specific harm you suffered and how clearly that harm can be proven in court.
Legal malpractice is about more than frustration or inconvenience; it’s about real, measurable losses. At Cimino Law Office, we help clients throughout Colorado evaluate what their legal malpractice claims are worth and pursue fair compensation from negligent attorneys. Understanding the types of damages available is the first step in knowing what to expect.
There are several types of damages that may be available in a legal malpractice case. These typically fall into three categories: compensatory damages, consequential damages, and (in rare cases) punitive damages.
These are the most common form of damages in legal malpractice cases and are intended to make the client “whole” by restoring the losses caused by the attorney’s misconduct. Examples include:
These damages are often calculated based on expert testimony, financial records, and projections of what could have been recovered in the original case.
Consequential damages are losses that flow indirectly from the attorney’s misconduct. These can include:
While these types of damages can be harder to calculate and prove, they may significantly increase the value of your malpractice claim if they are well documented.
While rare in legal malpractice cases, punitive damages may be awarded when the attorney’s conduct was particularly egregious — such as fraud, theft, or intentional harm. These damages are not meant to compensate the client but to punish the attorney and deter similar misconduct in the future.
To be awarded punitive damages in Colorado, you must show that the attorney acted with fraud, malice, or willful disregard for your rights. This is a high threshold, but in extreme cases, it’s possible.
In Colorado, the value of a legal malpractice case is generally based on a comparison between what actually happened and what would have happened if the attorney had acted properly. This is sometimes called the “case within a case.”
You must prove that:
This often requires expert analysis and documentation. For example, in a personal injury case, your malpractice attorney may need to consult a legal expert and medical professionals to estimate the settlement or judgment that was lost.
Not every legal malpractice claim is worth the same. Several factors will influence the total potential compensation in your case, including:
At Cimino Law Office, we analyze every case thoroughly to ensure no area of damage is overlooked.
While Colorado does not impose a universal cap on damages in legal malpractice cases, certain types of underlying cases — such as medical malpractice or personal injury — may be subject to specific damage limits. However, these are generally based on the original case, not the malpractice case itself.
That said, legal malpractice lawsuits are often heavily contested, and attorneys (and their insurers) will work hard to limit liability. Having an experienced malpractice lawyer on your side is crucial for getting the compensation you deserve.
If your previous attorney cost you a case, settlement, or financial opportunity, you deserve to know what your legal malpractice claim may be worth. At Cimino Law Office, we focus exclusively on holding attorneys accountable for professional misconduct. We work with financial and legal experts to calculate damages accurately and build strong, well-documented claims on behalf of our clients.
Contact us today for a free consultation. Let us assess the full value of your case and help you pursue the compensation you're entitled to.
Legal malpractice occurs when an attorney fails to competently perform their duties and, as a result, causes harm to their client. The harm is usually financial and often results from negligence, breach of fiduciary duty, or misconduct. Not every mistake qualifies as malpractice, but when a lawyer’s error rises to the level of professional negligence, the client may be entitled to compensation.
Clients trust attorneys with matters that can affect their freedom, finances, or family. When that trust is broken due to careless or unethical behavior, the consequences can be devastating. At Cimino Law Office, we focus on holding attorneys accountable when they fail in their professional obligations. Below are some of the most common ways attorneys commit legal malpractice.
Missing critical filing deadlines is one of the most frequent forms of legal malpractice. Attorneys are responsible for knowing and complying with court-mandated timelines, such as filing a lawsuit before the statute of limitations expires or submitting necessary paperwork before court hearings. Failure to meet these deadlines can result in dismissal of a case or forfeiture of rights.
In Colorado, the statute of limitations for certain cases can be as short as two years. If your attorney allowed your claim to expire, you may have grounds for a legal malpractice claim, especially if that missed deadline cost you the opportunity to recover damages or defend yourself properly.
Attorneys have a legal and ethical obligation to avoid representing clients with conflicting interests. A conflict of interest can occur when an attorney represents opposing parties in the same or related cases, or when their personal interests interfere with their professional judgment.
For example, if an attorney represents both a business and one of its former employees in related matters, or if the attorney stands to gain financially from the outcome of the case, this may constitute a conflict. Clients must be informed of any potential conflicts and must consent to representation. Failure to disclose these conflicts can result in a serious breach of fiduciary duty.
Clients have the right to be informed about their cases and to make key decisions regarding how those cases proceed. An attorney who fails to communicate regularly, ignores client emails and calls, or makes decisions without client consent may be liable for malpractice.
Examples include settling a case without the client’s approval, failing to inform the client of court dates, or not providing updates on important developments. These lapses not only harm the attorney-client relationship, but they can also have a direct impact on the outcome of a case.
Lawyers are expected to have the legal knowledge necessary to handle the types of cases they accept. Accepting a case outside of one’s expertise without proper research, preparation, or consultation can result in serious errors. Common mistakes include misinterpreting laws, failing to conduct discovery, or not preparing witnesses adequately for trial.
A lawyer doesn't have to be the best in the field, but they must meet the minimum standard of competence. If a lack of preparation or knowledge leads to a poor outcome—especially one that could have been avoided with proper effort—you may have a valid malpractice claim.
Lawyers are strictly prohibited from misusing client funds. Trust accounts must be maintained separately from the attorney’s own finances, and every dollar must be accounted for. Commingling funds, failing to return unused retainer money, or outright theft are all grounds for both malpractice lawsuits and disciplinary action.
If your attorney failed to return money that was rightfully yours or used your funds improperly, this is not only unethical—it’s potentially criminal. Cimino Law Office can help you pursue financial compensation and report the misconduct to the appropriate authorities.
Attorneys must always act in the best interest of their clients and obtain informed consent before taking major actions. If a lawyer agrees to a plea deal, settlement, or litigation strategy without first getting client approval, this can form the basis for a malpractice claim.
Even if the decision turned out to be beneficial, the process must still include the client’s consent. Failing to consult the client robs them of control over their own legal matter and can significantly alter the outcome in ways they never agreed to.
If you recognize any of these issues in your own case—missed deadlines, lack of communication, conflicts of interest, or financial misconduct—you may be entitled to pursue legal action. It’s critical to act quickly, as Colorado has a strict statute of limitations for filing malpractice claims.
At Cimino Law Office, we focus exclusively on legal malpractice and understand what it takes to prove that an attorney failed in their duty. We work closely with legal experts to analyze past representation and determine whether your case has merit.
Attorneys are held to high standards for a reason. When they fail to meet those standards and it costs you financially, they should be held accountable. If you believe your attorney acted improperly or negligently, we want to hear your story.
Reach out to Cimino Law Office today for a free consultation. Let’s determine whether you have a legal malpractice case and what your options are for holding your former lawyer responsible.
If you're considering a legal malpractice claim, understanding the statute of limitations is absolutely critical. Waiting too long to file could mean your case gets dismissed—no matter how strong your evidence is. The statute of limitations acts as a legal deadline, and once it expires, your right to seek justice may be lost forever.
Legal malpractice laws vary by state, and Colorado has its own rules that determine how long you have to bring a claim. These rules can be complicated, especially if there’s uncertainty about when the malpractice occurred or when you first became aware of it. At Cimino Law Office, we regularly help clients in Denver and across Colorado understand and meet these deadlines before it’s too late.
Under Colorado law, the statute of limitations for legal malpractice is generally two years. This means you have two years from the date the malpractice occurred—or from the date you discovered or reasonably should have discovered it—to file a lawsuit against your attorney.
This two-year period is defined under Colorado Revised Statutes § 13-80-102(1)(a), which applies to professional negligence claims, including those against lawyers. However, this two-year window isn’t always as straightforward as it sounds. Sometimes, the harm isn’t immediately obvious. That’s why the law also includes the “discovery rule.”
The discovery rule delays the start of the two-year clock until the client either knows—or should reasonably know—that legal malpractice occurred. In other words, the statute of limitations doesn't necessarily start the moment the mistake happens. It starts when you become aware, or should have become aware, of the attorney’s misconduct and the resulting harm.
Here’s an example: Suppose your attorney missed a filing deadline, but you didn’t find out until six months later when your case was unexpectedly dismissed. In that situation, your two-year window to sue would likely begin on the date you learned your case was dismissed—not the original missed deadline.
However, courts will also look at what a “reasonable person” in your situation would have known. If there were warning signs you ignored or opportunities to discover the issue earlier, the court may determine that the statute started running sooner than you think.
Colorado law also has an absolute four-year limit, regardless of when you discovered the malpractice. This is often referred to as the “statute of repose.” According to C.R.S. § 13-80-102.5, no legal malpractice action can be brought more than four years after the act of malpractice occurred—even if you discovered it later.
There are very few exceptions to this hard cap, and it's designed to prevent claims from being brought decades after the fact. So even if the discovery rule might have given you more time, that time is still cut off at the four-year mark.
There are a few rare exceptions where the statute of limitations might be extended:
Each exception is fact-specific and hard to prove. That’s why it’s so important to consult an attorney who focuses on legal malpractice law and understands the nuances of Colorado’s legal system.
Determining when your statute of limitations started—and whether it has expired—can be tricky. In some cases, the timeline is clear. In others, it's up to a judge or jury to decide when you should have known that malpractice occurred. That’s why it’s never a good idea to wait and see if things work out with your former attorney. If you even suspect something went wrong, it’s smart to act quickly.
At Cimino Law Office, we conduct a detailed review of your case history to assess whether the statute of limitations has expired. We look at communications with your former lawyer, court records, and outcomes to determine exactly when the clock started ticking. If your claim is still within the legal window, we can help you move forward.
Legal malpractice cases are complex, and proving them takes time. Waiting until the deadline is close puts your entire case at risk. The sooner you seek legal advice, the more time your new attorney has to collect evidence, interview witnesses, and consult with experts.
Even if you’re unsure whether your previous attorney made a serious error, it’s better to speak with a malpractice lawyer now rather than later. Time may be the single most important factor in preserving your right to compensation.
If you believe your attorney mishandled your case, don’t wait until it’s too late. At Cimino Law Office, we know Colorado’s legal malpractice laws inside and out. We’ll help you determine whether you still have time to file—and what steps to take next.
Contact us today to schedule a free consultation. Let’s find out if your case is still within the statute of limitations and what we can do to help you hold your former attorney accountable.
Many people leave the courtroom frustrated and disappointed with how their case was handled. But proving legal malpractice takes more than feeling like your lawyer let you down. You’ll need to show with evidence that your attorney failed to meet the standard of care and that their failure caused you measurable harm.
Legal malpractice claims are complex, especially in Colorado. Courts give lawyers a great deal of discretion in how they handle cases. That means you have to clearly show not just that your lawyer made a mistake, but that they made the kind of mistake that no reasonable attorney would have made under the circumstances.
To win a legal malpractice lawsuit, you must prove four key elements. Missing even one can be fatal to your claim.
Think of these as building blocks. Without all four, the structure of your malpractice case can’t stand.
To successfully prove legal malpractice, you’ll need a paper trail. This includes:
The more detailed your documentation, the easier it will be to identify whether and where your lawyer deviated from accepted standards. You’ll also need to show what “should have” happened if your attorney had handled the case properly.
In most Colorado legal malpractice cases, expert testimony is required. An experienced attorney in the same field will be called upon to explain what the standard of care is and how your attorney’s conduct fell short.
For example, if your lawyer missed a key deadline, the expert will explain how a competent attorney would have met it and how missing it affected your case. Judges and juries rely heavily on these insights to determine whether malpractice occurred.
Let’s walk through a couple of hypothetical examples:
Each example shows how the breach of duty, combined with real damages, forms the core of a successful malpractice claim.
Even if you can prove your lawyer made a mistake, you still have to show that the mistake was the cause of your poor outcome. This is the hardest element to prove and the one that often leads to dismissal of malpractice claims.
For example, if your case had little chance of success even with perfect legal representation, then it doesn’t matter how badly your lawyer performed. The court will rule that their mistake didn’t make a meaningful difference.
Legal malpractice cases require in-depth analysis of court records, attorney conduct, and the potential outcome of the underlying case. That’s not something most people can assess on their own. Speaking with a qualified legal malpractice attorney can help you understand whether your claim has real legal merit.
At Cimino Law Office, we know what it takes to build a strong malpractice case. We’ll evaluate whether your previous attorney violated their duty and whether that violation led to avoidable harm.
If you believe your attorney made mistakes that cost you money, time, or legal rights, don’t wait to find out if you have a claim. The sooner you act, the easier it will be to preserve critical evidence and meet Colorado’s statute of limitations requirements.
Let Cimino Law Office help you take the first step. Contact us today to schedule a free consultation. We’ll review your situation and explain your legal options clearly, with no pressure and no jargon.
When a legal case ends in disappointment, it's natural for clients to question what went wrong. But just because a case doesn’t go as planned doesn’t automatically mean an attorney committed malpractice. In Colorado, legal malpractice is a specific and serious type of professional misconduct. It involves more than just a poor result; it requires proof that the attorney’s actions were negligent, unethical, or fell far below the standards expected in the legal profession.
Legal malpractice occurs when an attorney fails to meet the duties owed to their client, and that failure causes actual harm. The harm is typically financial but may also involve the loss of legal rights, dismissal of claims, or even criminal consequences due to poor legal counsel. Understanding what constitutes malpractice and what does not is critical for clients considering whether they have a valid claim.
In Colorado, certain types of attorney behavior are more likely to be considered legal malpractice. Below are some of the most common examples:
These examples show how legal malpractice stems from a failure to meet the professional and ethical responsibilities that lawyers are bound to uphold. It is not enough that a lawyer made a mistake; the mistake must be one that a reasonably competent attorney would not have made under similar circumstances.
Not every legal mistake leads to a viable malpractice lawsuit. Colorado law sets a high bar for proving legal malpractice to prevent an overflow of claims based solely on dissatisfaction with legal outcomes. To succeed in court, you must prove all four of the following elements:
These elements form the foundation of every legal malpractice case in Colorado. Courts require clear, fact-based evidence, not just opinions or frustrations, to support each claim.
Here are a few examples that illustrate situations where attorneys may have crossed the line into legal malpractice:
In each case, the attorney’s conduct involved more than a judgment call; it was a breach of duty that caused lasting harm to the client. These scenarios represent clear grounds for legal malpractice action.
Clients are sometimes surprised to learn that they do not have a claim even when a case ends poorly. That’s because not all disappointing legal results are due to malpractice. Here are situations that generally do not qualify:
Malpractice is about provable misconduct and resulting damages, not just poor communication, aggressive billing, or an undesired verdict. If your attorney made a mistake but it didn’t change the outcome or cause loss, it likely won’t meet the legal standard.
In Colorado, lawyers are expected to meet a professional standard defined by what a reasonably competent attorney would do under similar circumstances. Courts rely on this benchmark when evaluating claims of malpractice. If an attorney fails to meet this standard and their client suffers as a result, legal action may be warranted.
At Cimino Law Office, we focus exclusively on holding attorneys accountable when they fail their clients. Our legal malpractice team understands what Colorado courts expect from attorneys, and we know how to build compelling cases based on detailed documentation, expert opinions, and clear causation.
You placed your trust in an attorney to act in your best interest. If they failed to meet that responsibility and caused you harm, you deserve the chance to hold them accountable. Legal malpractice is complex, but it is not something you have to deal with on your own.
Reach out to Cimino Law Office today for a confidential consultation. We’ll review the details of your experience and provide an honest, thorough assessment of whether you may have a claim. Let us help you take the right steps toward protecting your rights and seeking the compensation you may be owed.
If you've recently lost a lawsuit and feel like your attorney didn’t do their job properly, you're not alone. It’s natural to feel disappointed, frustrated, or even angry when the outcome isn’t what you expected. But does losing a case mean your lawyer committed legal malpractice? The answer isn’t always straightforward.
Legal malpractice is a serious allegation. A poor legal outcome by itself does not automatically prove that your attorney acted improperly. Many cases are lost even when the attorney handles everything by the book. However, there are circumstances where a lawyer’s negligence, unethical behavior, or incompetence causes direct harm—and that’s when a legal malpractice claim may be justified.
Legal malpractice occurs when an attorney fails to meet the professional standards of the legal field and that failure harms their client. This harm usually takes the form of a financial loss, an unfavorable legal judgment, or the inability to pursue a claim due to attorney misconduct.
Common examples of malpractice include missing court deadlines, failing to file required documents, mismanaging evidence, giving blatantly incorrect legal advice, or representing a client despite a clear conflict of interest. On the other hand, simply choosing an ineffective legal strategy or being outperformed by opposing counsel may not rise to the level of malpractice. The difference lies in whether your lawyer's conduct fell below the standard of care expected from a reasonably competent attorney in similar circumstances.
To successfully sue your lawyer for legal malpractice in Colorado, you must establish four critical elements:
Each of these elements must be proven for a malpractice claim to succeed. Courts take these cases seriously, and a high standard of proof is required, especially when it comes to showing how your attorney’s actions caused harm.
If you're unsure whether your situation qualifies as legal malpractice, consider the following examples that may warrant legal action:
In such cases, a qualified legal malpractice attorney can examine the facts and help determine whether your lawyer’s actions violated professional standards.
It’s equally important to understand when a legal malpractice claim is not appropriate. For example:
Not every disappointing experience with an attorney amounts to legal malpractice. The legal system acknowledges that lawyers cannot guarantee specific outcomes and that a lost case is not necessarily a sign of misconduct.
If you think your lawyer seriously mishandled your case, you should act quickly. Start by collecting all relevant records, such as signed fee agreements, communication history, court filings, and billing statements. These documents are essential for evaluating whether your lawyer acted inappropriately or failed to uphold their duty.
Next, contact a legal malpractice firm like Cimino Law Office for a professional evaluation. We can help you determine whether the conduct you experienced rises to the level of malpractice and whether it caused you damages that can be proven in court.
Keep in mind that Colorado has a strict statute of limitations for legal malpractice. In most cases, you have only two years from the date you discovered (or reasonably should have discovered) the misconduct to file a claim. There is also a four-year cap from the date the alleged malpractice occurred, even if you discover it later. If you miss these deadlines, you may lose the right to seek compensation entirely.
At Cimino Law Office, we focus exclusively on helping individuals who have been wronged by attorneys they trusted. We understand how frustrating and financially damaging a lawyer’s mistake can be. That’s why we take the time to carefully review your case, explain your rights, and provide honest guidance on whether a malpractice claim is likely to succeed.
We also know what it takes to win these cases. Legal malpractice is a highly specialized area of law, and our team has the experience, knowledge, and dedication to pursue justice on your behalf. Whether your previous attorney missed a crucial deadline, failed to inform you of key decisions, or put their own interests ahead of yours, we’re here to help you fight back.
If you believe your attorney's mistake directly harmed your legal case or financial position, don’t wait to take the next step. A lost case is not always the end; it may be the start of a new opportunity to seek justice through a legal malpractice claim.
Contact us today at Cimino Law Office for a free consultation. Let us help you evaluate your situation and determine whether you have a valid legal malpractice case. We’re committed to protecting your rights and helping you move forward with confidence.
