What damages can I recover for breach of fiduciary duty?
Depending on the facts of the case, recoverable damages in FINRA arbitration may include:
- Compensatory damages – Also called actual damages, these are meant to make the investor whole for losses caused by the misconduct.
- Net out-of-pocket losses – The difference between what you paid for an investment (including commissions), factoring in dividends or interest, and what you received when selling it, if sold.
- Special or consequential damages – Losses tied to the wrongdoing, such as lost dividends, additional taxes, lost business funds, loss of financing, or excess commissions.
- Benefit of the bargain damages – The difference between what an investment was worth as represented and what it was actually worth.
- Well-managed account damages – The difference between your account’s performance and what a well-managed account with the same objectives would have earned.
- Rescission – Returning the parties to the position they were in before the wrongful transaction.
- Disgorgement – Forcing the broker or firm to give up profits or commissions earned through misconduct.
- Other equitable remedies – In limited cases, specific performance or other non-monetary relief.
The damages available in your case will depend on the nature of the breach, the harm suffered, and the applicable law.