What does legal malpractice insurance cover?

If you believe your Florida attorney committed some form of malpractice while representing you, you have the right to sue him or her for the damages you sustained as a result of his or negligence. Before you do so, however, you should determine whether or not (s)he carries malpractice insurance. This type of insurance also goes by the names of errors and omissions insurance and professional liability insurance.

Most attorneys carry some type of legal malpractice insurance, but if the attorney you plan to sue does not, (s)he will be personally responsible for paying any monetary damages a jury awards you. Unfortunately, should you win a large judgment, (s)he may not have sufficient personal assets to cover that amount, resulting in your full judgment becoming unenforceable.

Typical legal malpractice insurance coverages

12InsuranceAgency.com explains that most errors and omissions insurance policies cover not only the attorneys in a law firm, but also their support staff. However, the policies cover only acts of negligence, not deliberate acts. For instance, your former attorney’s policy likely covers the following types of negligence:

  • Incorrect interpretation of laws and statutes
  • Inadvertent commingling of your funds with the law firm’s funds or those of another law firm client
  • Missed filing deadlines
  • Incompetent performance in court

As to the dollar amount of this coverage, most errors and omissions policies pay the following:

  • The amount of any settlement you negotiate
  • The amount of any award a jury gives you
  • The amount of any judgment a court gives you
  • Whatever pre-settlement or pre-judgment interest you may be entitled to

While this information is not legal advice, it can help you understand what legal malpractice insurance policies cover and what they do not.

No Comments

Leave a comment
Comment Information
Email us for a response

Tell Us About Your Case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy



Jacksonville Office
1300 Riverplace Boulevard
Suite 401
Jacksonville, FL 32207

Toll Free: 866-542-1996
Phone: 904-396-1996
Fax: 904-396-1991
Map & Directions

Miami Office
1395 Brickell Avenue
Suite 800
Miami, FL 33131

Phone: 305-200-8674
Phone: 305-200-8675
Fax: 305-200-8801
Map & Directions

West Palm Beach - By Appointment Only
301 Clematis Street
Suite 300
West Palm Beach, FL 33401

Phone: 561-832-5991
Fax: 561-832-5985
Map & Directions

Panama City Office
305 Cherry Street
Panama City, FL 32401

Phone: 850-481-1386
Fax: 850-640-1247
Map & Directions

Tampa Office
10150 Highland Manor Drive
Suite 200
Tampa, FL 33610

Fax: 813-314-2163
Map & Directions