When will a plaintiff be able to bring a claim for damages in negligence?

California, United States of America


The following excerpt is from Gulf Insurance v. Berger, Kahn, 79 Cal.App.4th 114, 93 Cal.Rptr.2d 534 (Cal. App. 2000):

Where attorneys have failed to diligently represent their clients, thereby placing them in the position that an unfavorable settlement is necessary, the proof of damages is always a difficult one. But that alone should not prevent a party injured by an attorney's malpractice from having his day in court. (See, Benard v. Walkup (1969) 272 Cal.App.2d 595, 606 ["[T]he applicable rule is that which states that one whose wrongful conduct has rendered difficult the ascertainment of damages cannot complain because the court must make an estimate of damages rather than an actual computation."].)

Other Questions


Can a plaintiff in a common-law negligence action against three other parties claim damages for common law negligence? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
Is there sufficient evidence to support a claim for lost income capacity damages in a case where the claim is for damages from a private practice that a plaintiff never opened? (California, United States of America)
What is the test for a plaintiff to bring a lawsuit against a public entity for failing to timely present a claim for money or damages under the Government Claims Act? (California, United States of America)
What are the elements of actionable negligence required for a plaintiff to bring a claim for wrongful death? (California, United States of America)
In what circumstances will a plaintiff be able to bring a claim for damages under duress? (California, United States of America)
In what circumstances will a plaintiff be able to bring a claim for damages against a defendant for an unauthorized reconveyance? (California, United States of America)
Can a plaintiff bring a claim for money against a governmental entity for personal injury, death, or damage to personal property or crops? (California, United States of America)
Can a plaintiff bring a claim for damages under Section 1983 of the Criminal Code for wrongful imprisonment and/or wrongful imprisonment in a civil case? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.