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(314) 500-HURTThe St. Louis, MO legal malpractice attorneys of Burger Law have dedicated their lives to standing up against bullies, seeking justice and demanding compensation. If a negligent lawyer did not give you the legal representation you deserve, we will hold that lawyer accountable.
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No matter your circumstances, you have a right to the highest standard of legal advocacy. If a negligent lawyer or one who committed misconduct robbed you of that right, call a St. Louis-based Missouri legal malpractice attorney at Burger Law now at (314) 500-HURT or fill out our online form.
We know it can be difficult to trust an attorney again after they betrayed that trust, but Burger Law stands up to bullies no matter where they come from. Our legal malpractice attorneys have dedicated their lives to seeing wrongs made right and securing the compensation to make St. Louis and Missouri individuals and families whole. It can be distressing when an attorney’s negligence keeps you from getting the results you deserve, especially in cases where you have long-term or permanent damages such as in civil cases, medical malpractice, wrongful death or devastating truck accident claims. The good news is that you may still be able to recover the restitution you deserve if you lose your case because of your lawyer’s negligence.
According to the Missouri Department of Insurance’s 2020 Legal Malpractice Report, that year there were 138 legal malpractice claims closed, resulting in 63 total payouts totaling $11.6 million. While legal malpractice cases are much less common than medical malpractice claims, they are generally not nearly as difficult to win. Right or wrong, juries sympathize with doctors much more than with negligent lawyers. Regardless, the defendant in your legal malpractice claim will be well-versed in the law and the court system and will have access to a wealth of resources. That is why you need a dedicated, tenacious, and experienced St. Louis legal malpractice attorney by your side who will stand up for you and hold a negligent lawyer accountable. Call Burger Law now at (314) 500-HURT.
That depends on the specifics of your case. Unfavorable results, or an ineffective legal strategy, do not necessarily constitute legal malpractice. You can make a claim against a previous lawyer based on:
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
If you have any doubts about the merits of your case or have any questions about how to go about making a claim, please call an experienced and knowledgeable legal malpractice attorney at Burger Law today at (314) 500-HURT. You will not be treated like you were in the past; we will stand by your side, always be straightforward and honest with you, and give you the aggressive and expert legal representation you should have received in the first place.
A fiduciary duty is a commitment to act in the best interest of someone else, not your own. When a client-attorney relationship is formed, attorneys are ethically and legally bound to do what is best for you and to act in good faith. If they violate that duty, for example encouraging you to pursue a case that is unlikely to be successful just so they can collect attorneys’ fees, or failing to disclose a conflict of interest, then they can be held liable for any damages you incurred. Missouri differentiates between legal malpractice claims and breach of fiduciary duty claims.
In a legal malpractice claim, your compensation would be the difference between what you recovered in your previous case and what would have been recovered if your attorney had not been negligent. For example, if a negligent attorney recovered $20,000 for you in a car accident claim, but a reasonable attorney could have gotten you $100,000, then your damages would amount to $80,000. That’s because negligence cases in St. Louis and Missouri — like legal malpractice — are based on the concept of a claimant being made whole, meaning they are in the same position they would have been in if not for the other person’s negligence. In a negligence legal malpractice claim, your legal malpractice attorney must prove that “but for the attorney’s negligence, the result of the underlying proceeding would have been different.” Collins v. Missouri Bar Plan, 157 S.W.3d 726, 732 (Mo. App. 2005).
According to Klemme v. Best, 941 S.W.2d 493, 496 (Mo. banc 1997), in a breach of fiduciary duty claim, your St. Louis-based Missouri legal malpractice attorney does not have to prove that the underlying proceedings would have been different, or demonstrate that the other lawyer was negligent. They simply have to show that they purposefully did not act in your best interest. The compensation available may also include punitive damages for extreme misconduct or intentional harm, and noneconomic damages for mental anguish.
The only thing that infuriates your Missouri legal malpractice attorney at Burger Law more than a negligent lawyer is one who intentionally mistreats their clients and betrays their trust. We seek justice wherever we can and are dedicated to seeing those harmed by others rightfully compensated. Call Burger Law today at (314) 500-HURT for a free consultation for your St. Louis, Missouri legal malpractice claim.
There are three elements you need to demonstrate in order to prove negligence in any civil claim, including legal malpractice:
In any tort claim, you must demonstrate that there was a duty of care, meaning that someone had a responsibility toward you. In a legal malpractice claim, that means establishing that an attorney-client relationship existed. This step is as easy as producing a contract. If you did not have an attorney-client relationship, for example, if you got bad advice from a lawyer at a dinner party or from someone you read on their website, you would not be able to make a legal malpractice claim.
You then must demonstrate that that duty of care was violated. That can mean that the lawyer was negligent, breached your contract, is guilty of misconduct or breached their fiduciary duty. This can sometimes be difficult to prove and will be hotly contested by the defendant. They will try to claim that a reasonable and prudent lawyer would have taken the same steps that they had.
Finally, your legal malpractice attorney must demonstrate that the negligence or misconduct on the part of the lawyer caused you financial damages. This is often the most challenging step as it depends on the “case-within-a-case” doctrine. That means that you must prove two claims: the legal malpractice claim you are currently making and the case underlying the malpractice action.
For example, say you are suing a lawyer because they did not properly apply premises liability law that was central to your slip and fall claim. As a result, a jury finds in favor of the property owner and you did not recover any compensation for the injuries they caused. In order to win your malpractice claim, you and your legal malpractice attorney will have to demonstrate both that the property owner was indeed liable for your injuries and that the outcome would have been different were it not for your lawyer’s negligence.
You can also file a legal malpractice claim if you were the defendant in a different case. For example, in a defective products case, a vendor can only be held liable for a dangerous product if the manufacturer is not known or no longer exists. If you are found liable for somebody’s injuries because a negligent lawyer in St. Louis or Missouri did not try to locate the manufacturer, you may have a legal malpractice claim and you might be able to collect the compensation that you were ordered to pay out.
Fortunately, your legal malpractice attorney at Burger Law has experience litigating and winning all types of civil cases in St. Louis and throughout Missouri including auto accidents, medical malpractice, product liability, workers’ compensation, dog bites, labor and wage claims, and more. We know how to hold negligent actors of all types responsible and get the affected parties the compensation they are owed.
Most people do not have much experience with the legal process, let alone with filing a lawsuit against someone who was supposed to be their legal advocate. If you believe you have been subjected to legal malpractice, you should immediately:
At Burger Law, our legal malpractice team is always honest and always puts one hundred percent of our knowledge, dedication, and experience into every case. Our clients matter to us, and we work to keep you consistently informed and give you all the information you need in order to make the best decision for you and your family in St. Louis or anywhere in Missouri. When you hire us, we start working on your case right away, and handle all investigation, documentation, and litigation so you can be sure your claim is in good hands. We will not let a negligent attorney get away with cheating you of the legal advocacy you deserve. We are the highest- and most-reviewed law firm in St. Louis, Missouri and throughout the Midwest. Speak to a legal malpractice lawyer today at (314) 500-HURT.
The state of Missouri’s statute of limitations is the same for almost all tort claims, such as personal injury claims. Generally speaking:
While five years may seem like a long time, legal malpractice cases are complicated, and your claim will be vigorously defended against. That is why it is best to reach out to an ethical and determined legal malpractice attorney in St. Louis right away. At Burger Law, our team will fight for you and aggressively pursue the justice and financial compensation you deserve.
Burger Law’s legal malpractice attorney team is proud to stand up for the rights of people and families in St. Louis and throughout Missouri when they need it most. You should not have to bear the consequences when a lawyer fails you and violates their responsibility to you, but you do not have to go through the process of demanding justice and compensation alone. With office in St. Louis, we are capable of fighting for justice throughout Missouri. If a negligent or unethical lawyer did not give you the representation you deserve, call a St. Louis-based Missouri legal malpractice attorney now at (314) 500-HURT or contact us online.
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