Medical Malpractice Lawyers

When the doctors, nurses, or hospital you trusted with your health have caused you harm, Burger Law steps in. Standing up against a medical professional or institution is not an easy task, but we are up to the challenge. With a team of experienced medical malpractice attorneys, we will get you the settlement you deserve.

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Medical Malpractice Lawyers St. Louis and Missouri

Medical Malpractice Lawyer St. Louis and Missouri. Burger Law is an aggressive and dedicated medical malpractice law firm in St. Louis with a decades-long history of fighting and winning medical negligence cases for individuals and families throughout Missouri and Illinois. We have helped hundreds of victims of medical malpractice recover maximum compensation after suffering harm at the hands of doctors, nurses, hospitals, nursing homes and other medical providers. When a medical provider’s negligence harms you or someone you love instead of making you well, you deserve the strongest legal representation available. We have the experience, knowledge and history of success you want from your medical malpractice lawyer and we set ourselves apart from other St. Louis and Missouri firms by our aggressive approach and painstaking commitment to your case. Find out how our medical malpractice lawyers can help you by speaking to us about your case for free at (314) 500-HURT or by filling out this form.

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We trust that doctors know and do what is best for us. They are supposed to provide us with care and advice to help us stay safe and healthy or inform us when we have a life-threatening disease. We literally trust them with our lives when they treat and operate on us. But what can we do when a doctor gives us bad information or misses a critical opportunity for treatment? What are we to do when a surgeon makes a grievous mistake during surgery? When you or a family member has been harmed by a medical provider's action or lack of action, an experienced medical malpractice lawyer can protect you and help you obtain the recovery you deserve. Call our medical malpractice lawyers in St. Louis now and we will begin working on your case right away.

Medical care providers like physicians, nurses and hospitals are required to meet a standard of care and follow well-established rules when treating a patient. When a provider violates a rule and that violation causes injury, illness, disability or death, it is a case of medical malpractice. Medical malpractice cases are inherently complex and involve questions about who is liable and how much your damages are worth, so it is crucial that you work with a medical malpractice lawyer in St. Louis who has the skill and commitment to fight for your complete recovery and demand accountability from large insurance companies, hospitals and other powerful entities. From physician negligence, nurse aid mistakes, failure to make an accurate diagnosis, infection after surgery, emergency room mistakes, and preventable deaths, our medical malpractice lawyers have the winning track record you want from your legal counsel on your medical malpractice case in Missouri.

We are proud to be the most and best reviewed personal injury law firm in the St. Louis area and have earned a reputation for going above and beyond to obtain the best possible results for our clients. We demand complete compensation for your damages and will not rest until we get you the case result you deserve. Do not settle for less! Get on the road to recovery right away by hiring a trusted Burger Law medical malpractice lawyer to represent you. Begin by speaking to one of our medical malpractice lawyers about your case for free today by calling us at (314) 500-HURT or reaching us online.

Medical Malpractice Statistics

Medical Malpractice Statistics in Missouri

A study by John Hopkins Medicine found that 10 percent of all deaths in the U.S. are due to medical error. Just one percent of doctors account for almost a third of medical malpractice claims. Too often, consistently negligent doctors are allowed to continue practicing without any consequences. But when the state of Missouri does not want to hold negligent doctors accountable, you can be sure the medical malpractice lawyers of Burger Law will.

In Missouri, less than a third of medical malpractice cases end with the plaintiff being awarded damages. Still, between 2009 and 2018 a full $631.11 million was paid out in medical malpractice claims.

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Do I Have a Medical Malpractice Claim?

Do I have a case?

Do I Have a Medical Malpractice Claim in St. Louis, Missouri?

For your case to constitute medical malpractice you must establish that there was a doctor-patient relationship and that the doctor had to give substandard care that caused you injuries. To have a legitimate legal medical malpractice case against the doctor, nurse, hospital, or other medical provider, your case must meet the following:

  1. A doctor-patient relationship has to be established.

    The only way you can bring a case against a doctor or health professional is if you were actually a patient under their care.

  2. The doctor must have acted negligently in regards to your care.

    Our laws and our society require that medical professionals adhere to medical standards that qualify as acceptable care. Each patient has the right to demand and expect to be cared for by doctors, nurses, and other medical staff in a way consistent with these medical standards. Violations could include treatment that puts the patient in more harm, failing to administer treatment and procedures that would have helped the patient, misdiagnosing, and other mistakes in providing medical care.

  3. The doctor's negligence must cause you harm.

    It is not enough that the medical provider made a mistake that violated the standard of care. To have a valid medical malpractice case, the patient must have been harmed as a result of the medical provider's negligent acts. The patient is required to prove that it was the negligence of the medical provider, not any other reason, that caused them harm and that the harm would not have occurred if the medical provider had not committed said negligence.

  4. The doctor's negligence and your injury led to specific damages.

    Medical malpractice cases are expensive, drawn-out ordeals. The patient must show that the injury or illness they sustained at the hands of their medical provider caused them substantial damages, which could include permanent or temporary disability, loss of income, pain and suffering, relationship losses, medical and other bills, death, and more.

If you have any questions about these steps, what other factors can be used to expose medical negligence and medical malpractice, or if you need to speak with our medical malpractice lawyers in St. Louis now, feel free to call our team at (314) 500-HURT. We don't charge any fees for our consultations, and we never ask for any attorneys' fees unless we win your medical malpractice lawsuit.

Medical Malpractice Statutes

Medical Malpractice Statutes in Missouri

Missouri Statute 516.105 dictates the limitations and actions you can take in Medical Malpractice Claim in Missouri. If you or someone you love has been treated negligently by a doctor, you do have the right to recover the damages and harm that you were put through. Doctors should always make the best decisions regarding your health, and they should only advise you if they have the knowledge in that field of medicine. When a doctor acts outside of their scope or performs a surgery or medical procedure without providing the due care of skills required for that surgery, then errors can happen and you are legally owed compensation.

Are There Damage Caps For Medical Malpractice Claims?

Are There Damage Caps For Medical Malpractice Claims in St. Louis, Missouri?

The state of Missouri has implemented damage caps for non-economic damages in medical malpractice claims. In an effort to keep down insurance premiums, the state legislature passed Senate Bill 239 in 2015, which limited non-economic damages to $400,000 for personal injury and $700,000 for catastrophic personal injury. These limitations increase by 1.7% each year, and by 2050 the caps will be $721,959 and $1,262,791. As of 2022, the limits are $450,098 and $787,671.

What is "Catastrophic" Personal Injury in St. Louis, Missouri

The state of Missouri defines “catastrophic” personal injury as:

  • Quadriplegia, or the permanent loss of function in all four limbs;
  • Paraplegia, or the permanent loss of function in two limbs;
  • The loss of two or more limbs;
  • An injury to the brain resulting in permanent cognitive impairments, resulting in permanent inability to make independent decisions, or the permanent inability to engage in one or more of the following daily actions: eating, dressing, bathing, toileting, transferring, and walking;
  • An injury that causes irreversible failure of one or more organ systems; or
  • Permanent vision loss such that the person becomes legally blind, having no better than 20/200 vision in the better eye.

The death of a loved one would also be considered catastrophic.

This means that even if a jury decided to award a plaintiff $2,000,000 in non-economic damages, the judge would only be allowed to grant $744,504 as of 2021.

Economic Damages vs. Noneconomic Damages in St. Louis, Missouri

Economic damages refer to the monetary harm a person can incur, including medical bills, lost wages or lost earning capacity. They also include any future cost of medical care for someone who will need life-long care because of malpractice.

Noneconomic damages refer to non-monetary harm that can happen as a result of negligence, including pain and suffering, mental anguish, inconvenience, physical impairment, disfigurement or loss of the capacity to enjoy life. These damages are much more difficult to quantify than economic damages.

This means that while your compensation for pain and suffering are capped, you will still receive compensation for any money you may have lost.

How Do Medical Malpractice Claims Work?

How Do Medical Malpractice Claims Work in St. Louis?

Medical malpractice cases are complicated, and there are often many different parties you can sue. There are three things your Missouri malpractice lawyers in St. Louis must do in order to prove negligence in a malpractice case:

  1. Prove that there was a breach of the standard of care. This can include:
  2. Get a written opinion by a St. Louis or Missouri doctor or nurse in the same specialty. Missouri Revised Statute §538.225 and 735 ILCS 5/2-622 stipulate that every medical malpractice claim has to be accompanied by a written opinion for a professional that your healthcare provider did not meet the standard of care and that their substandard care caused your injury. A neurologist may treat a condition differently than a St. Louis general practitioner, so it is important that whoever writes the affidavit has the same specialty as the Missouri doctor you are suing.
  3. Prove the negligence caused or contributed to your injury. This is often the biggest hurdle in medical malpractice cases. It is not sufficient to prove that a doctor gave you substandard care or did not follow the rules. Your medical malpractice lawyers in St. Louis must also prove that their negligence directly caused you harm. If a doctor prescribed a medication that worsened your condition instead of improving it because they failed to detect a crucial symptom before prescribing, you may have a medical malpractice case. However if the prescription had no effect, as in it was neither harmful nor beneficial, you likely do not have a case. The defendant may try to convince you and a jury that as you were already sick, you cannot prove the doctor's error caused you harm. Your Burger Law malpractice lawyers in St. Louis know how to find the exact cause of your injuries and prove it to a jury.

Medical malpractice cases are notoriously difficult to win given the high standard of evidence malpractice lawyers need to present, the expensive legal teams hospitals and doctors usually acquire and the fact that juries often tend to sympathize with doctors and give them the benefit of the doubt. Burger Law's malpractice lawyers have built a reputation for demanding maximum compensation for our clients in St. Louis and throughout Missouri no matter how tough their cases. Our malpractice lawyers know how to get your St. Louis peers on juries to see your injuries from your perspective and understand the true impact they have had on your life. If you have been injured because of medical malpractice and are uncertain how to proceed, call Burger Law's malpractice lawyers today at (314) 500-HURT.

How Can a Medical Malpractice Lawyer Help With My Case?

How Can a St. Louis Medical Malpractice Lawyer Help With My Case?

A medical malpractice lawyer will investigate your claim, consult with medical experts, and use their litigation experience to secure you full compensation for your injuries. Burger Law's medical malpractice lawyer team has over 70 years of combined experience defending the injured in Missouri and holding negligent St. Louis doctors accountable. We care about our clients and aggressively pursue every legal avenue to get them the great financial recovery they deserve. When you hire a Burger Law St. Louis medical malpractice lawyer, our team will immediately get to work:

  • Investigating your claim.
  • Gathering key evidence such as your medical records and an affidavit by a healthcare provider in the same field detailing the merits of your case.
  • Determining how your healthcare provider violated the medical standard of care in St. Louis and proving negligence.
  • Working with our network of St. Louis medical and economic experts to precisely value your claim.
  • Handling all documentation, litigation and negotiation.
  • Securing you a great settlement in negotiations.
  • Taking the case in front of a St. Louis judge and jury if we have to.

Your Burger Law medical malpractice lawyer in St. Louis will keep you informed throughout your case and give you all the information you need to make the best decision for you and your family. You should not have to pay because someone else broke the rules; they have to pay you. Call a medical malpractice lawyer now to get justice from the Missouri doctor or hospital that hurt you.

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Who Can I Sue in a Medical Malpractice Claim?

Who Can I Sue in a Medical Malpractice Claim in St. Louis?

In Missouri, you can sue in malpractice claim anybody who qualifies as a "healthcare provider," including a:

  • Physician
  • Hospital
  • Health maintenance organization
  • Ambulatory surgical center
  • Long-term care facility
  • Registered or licensed practical nurse
  • Optometrist
  • Podiatrist
  • Pharmacist
  • Chiropractor
  • Professional physical therapist
  • Psychologist
  • Physician-in-training, or
  • Any other person or entity who provides health care services under the authority of a license or certificate

At Burger Law, we have successfully secured compensation for our St. Louis clients against all types of healthcare providers.

What is the Standard of Care in Medical Malpractice Claims?

What is the Standard of Care in Medical Malpractice Claims in St. Louis and Missouri?

The "standard of care" refers to how most doctors - or a reasonable doctor - would diagnose and treat a particular condition in a particular location. Doctors owe you a duty of care when you are under their care and a doctor-patient relationship has been established. They must offer you the same degree of skill, care and diligence that would be expected of a competent doctor under the same circumstances in St. Louis and Missouri. For example, say you exhibit certain symptoms that would normally cause a competent doctor to test for a certain infection. If your doctor did not, and you suffered harm as a result, you may have a malpractice claim. Your St. Louis malpractice lawyers at Burger Law will help you determine if you have a medical malpractice case.

The standard of care is the key concept in medical malpractice cases. Negative outcomes happen in the medical world, especially to the elderly or people who are already sick. A doctor or nurse can also make a decision that later turns out to be a mistake, but that does not necessarily amount to negligence. The experienced and knowledgeable St. Louis malpractice lawyers at Burger Law will help you discern if you have a medical malpractice claim.

The standard of care is location specific, so the standard of care in St. Louis may differ from that in Kadoka, South Dakota. That is why it is important to hire malpractice lawyers well-versed in local St. Louis and Missouri law and practices. Burger Law's malpractice lawyers have over 30 years of experience fighting medical malpractice cases and winning maximum compensation for our clients in St. Louis and throughout Missouri.

How Long Do I Have to File a Medical Malpractice Claim?

How Long Do I Have to File a Medical Malpractice Claim in Missouri?

While most personal injury cases have a statute of limitation of five years in Missouri, medical malpractice claims only have a time limit of two years, pursuant to Missouri Revised Statute §516.105. That means that once you have been injured your medical malpractice lawyer only has two years to investigate your case and file suit. There are three important exceptions:

  1. If a foreign object was left inside of you after surgery, you have two years from the date you discovered the object, or should have discovered the object.
  2. If a doctor failed to inform you of test results, you have two years from the date you discovered or should have discovered that you were not informed. This does not include failure to inform of negligent or incorrect test results.
  3. If you or your loved one was a minor at the time of the malpractice, you have until their 20th birthday.

There is no time to wait. Your Burger Law medical malpractice lawyer in St. Louis gets working on your case right away and does not rest until you have been fully compensated. Delaying could bring complications to your case and could make it difficult for even the best medical malpractice lawyer in St. Louis to prove the full extent of your damages. Call a St. Louis medical malpractice lawyer immediately at (314) 500-HURT.

Common Medical Malpractice Claims

Common Medical Malpractice Claims in St. Louis, MO

Medical malpractice can occur at any point in a doctor-patient relationship from any healthcare provider. Some common examples are diagnosis issues, surgical errors, medication errors, failure to obtain consent, unnecessary care, birth injuries, and nursing home negligence:

Failure to Diagnose or Misdiagnosis

This is the most common reason for medical malpractice claims related to outpatient care. Roughly 12 million Americans are misdiagnosed each year. Catching medical issues early on is crucial in achieving the best possible outcome for a patient. A misdiagnosis, or missing a diagnosis, can cause a delay to the treatment you desperately need to get better, or can cause improper treatment that exacerbates your illness or injury. Three-quarters of misdiagnoses are failing to diagnose some of the most severe health conditions, including:

  • 37.8 percent for cancer
  • 22.8 percent for cardiac or vascular events
  • 13.5 percent for infections

Surgical Errors

Surgical errors are the most common medical malpractice claim when it comes to inpatient care. There are at least 4,000 surgical errors in the U.S. each year, and frighteningly, the most common source is operating on an incorrect body part. Other examples can include accidental cuts, anesthesia errors, foreign objects like sponges or instruments being left inside the patient, infections or failure to address complications arising from the surgery.

Medication Errors

An estimated 7,000 to 9,000 people in the U.S. die each year because of medication errors. Examples can include not being aware of a patient's allergies, giving an incorrect medication, giving an incorrect dosage or failing to identify interactions with other drugs.

Medication errors can also include overprescribing medications. Studies have found that overprescribing is a major contributor to the opioid crisis in the United States.

Unnecessary Care

Unnecessary medical care costs an estimated $210 billion each year. John Hopkins Medicine surveyed 2,106 physicians and found that doctors themselves believe that 15 to 30 percent of medical care is not needed, including:

  • 22 percent of prescription medications
  • 24.9 percent of medical tests
  • 11.1 percent of procedures
  • 20.6 percent of all medical care

Unnecessary treatment can lead to surgical errors, medication errors and overprescribed medication.

Birth Injuries

Roughly 6 to 8 out of 1,000 children born in the United States suffer a serious birth injury each year. Not properly monitoring the baby during birth, not properly utilizing birthing techniques or not diagnosing a health condition with the mother during pregnancy are all examples of medical negligence that can lead to long-term or permanent consequences.

Nursing Home Negligence

The 1987 Nursing Home Reform Act establishes a Bill of Rights for nursing home residents meant to protect and ensure their physical, emotional and social well-being. When a nursing home institution or staff neglects those rights and your loved one is hurt as a result, the medical malpractice lawyers of Burger Law will hold them accountable.

Failure to Inform or Lack of Consent

We all have an inherent right to make decisions for ourselves. When a doctor fails to inform you of risks, or does not obtain your consent before a procedure, it is an egregious violation of your rights.

At Burger Law, our Missouri medical malpractice lawyers in St. Louis have seen it all. We know the devastating consequences a healthcare professional's or institution's negligence can cause, and the anger and grief that comes with finding out that your trust was betrayed. We hold negligent doctors accountable and get our Missouri clients the full financial recovery they deserve and need to move on and fully recover. Our medical malpractice lawyers also have extensive medical knowledge and will be able to pinpoint how your doctor violated the standard of care. Call our medical malpractice lawyers in St. Louis today at (314) 500-HURT.

Burger Law is a medical malpractice law firm that has helped hundreds of victims of medical malpractice recover from a complete range of medical malpractice cases involving negligent doctors, hospitals, nurses, nursing homes and other medical providers. If you're looking for a medical malpractice lawyer in St. Louis, or in any other area of Missouri, Burger Law has the experience, knowledge and success rates to help you win your medical malpractice case.

Common Causes of Medical Malpractice in St. Louis

In our experience litigating, trying and winning malpractice cases in St. Louis, our medical malpractice lawyer team has found that medical errors are often caused by the following:

  • Burnout. Studies by the Mayo Clinic report that in any given year, roughly half of physicians suffer from burnout, making them twice as likely to commit a medical error. Nurses who work more than 12 and a half consecutive hours are up to three times more likely to make a mistake.
  • Procedural Errors. Hospitals have exhaustive protocols to ensure that patients receive the care they need. hospital system failures such as intake mistakes, failure to get a complete medical history or failure to keep complete and accurate medical records can lead to medication errors, operating on the wrong body part or otherwise not giving a patient proper treatment.
  • Using Outdated Equipment or Procedures. Doctors are required to keep up-to-date on new best practices in their field, and hospitals need to make sure their equipment is functioning properly. Failing to do so could lead to diagnosis errors and a type of treatment unnecessarily dangerous.

Proper medical treatment is often a case of life or death, and there is no excuse for you not receiving the standard of care that hospitals, doctors and nurses owe you. If a St. Louis healthcare provider was negligent and caused you or a loved one injuries, call a Burger Law medical malpractice lawyer now at (314) 500-HURT. Our medical malpractice law firm will fight on your behalf until there is nothing left to fight and you receive the justice and compensation you deserve.

Winning Your Medical Malpractice Case

Ensuring success

Winning your Medical Malpractice Case in St. Louis, MO

We understand the pain and suffering that can occur with a medical malpractice case. In addition to handling the aftermath of what went wrong, mounting medical bills often become a major cause of concern and stress. We are aggressive in our approach and treat every case as if it will go to trial and demand complete compensation for the entirety of the extensive damages you have endured, including those for disability, loss of income, financial harm, further medical care, and pain and suffering. The seasoned medical malpractice lawyers at Burger Law can help you get the recovery you deserve.




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Cases We Win

Burger Law's Missouri medical malpractice law firm based in St. Louis has a team of gifted litigators and trial lawyers with more than 70 years of combined experience practicing law and protecting the vulnerable and injured. We will fight to get you maximum compensation in any injury claim in Missouri, including the case types listed here. Click for more information.


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Other Medical Malpractice Claim Resources

Our experienced medical malpractice attorneys in St. Louis, MO serving all of Missouri and Illinois have spent decades protecting the rights of the injured and helping those damaged acts of medical malpractice recover the compensation they deserve to be made whole again. Our knowledge, resources and background make us incredibly effective in demanding your recovery from your negligent medical provider's insurance company. Hire a skilled medical malpractice attorney from Burger Law to help you fight for your full recovery. While we handle your claim, it can help to do some research and learn more about what to expect from your medical malpractice claim process in Missouri. In addition to our expensive library of answers to frequently asked questions and videos addressing common questions and topics, we offer a number of other blog posts and resources to help you in your medical malpractice suit. Check out additional medical malpractice information below.

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Hire an Experienced Medical Malpractice Lawyer

Crucial to your financial recovery

Hire an Experienced St. Louis, Missouri Medical Malpractice Lawyer

Medical malpractice cases can be difficult to prove and take hard work to win. That is why it is essential to hire a skilled medical malpractice attorney who has experience representing and winning cases for medical malpractice victims in the St. Louis area. It takes a law firm that knows what to look for, how to present it, and how to successfully carry it out. Burger Law sets itself apart from other medical malpractice law firms in the area with our dedication and tenacity towards getting you justice. With millions of dollars won for our clients, our record speaks for itself.

  • Burger Law has recovered for clients injured by a large variety of medical malpractices including physician negligence, nurse errors, nurse aid mistakes, birth injuries, failure to diagnose cancer, infection and other maladies, surgery errors, and diagnostic errors.
  • Our medical malpractice attorneys are highly experienced in claims against internists, emergency room physicians, and specialists such as radiologists, obstetricians, and eye doctors.
  • Burger Law has represented medical malpractice victims with injuries including brain trauma, surgery errors, sepsis infections,, heart or vein conditions, eye injuries, and many others that lead to permanent injury and even death.

When the negligence of a doctor or hospital harms you or a loved one, it is imperative that you hold them responsible with the help of a St. Louis medical malpractice lawyer. Gary Burger and his associates, the Burger Law firm, have been able to successfully recover compensation for hundreds of victims involved in a complete range of medical malpractice cases involving negligent doctors, hospitals, nurses, nursing homes and other medical providers. If you're looking for a medical malpractice lawyer in St. Louis, or in any other area of Missouri our St. Louis injury attorneys have the experience, knowledge, and success rates to help you fight your medical malpractice case. Reach out to us right away and put your recover in the hands of the trusted medical malpractice lawyers of Burger Law. Call (314) 500-HURT now or contact us here.

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Medical malpractice cases are always complicated and challenging, and Burger Law welcomes that challenge in the name of bringing medical malpractice victims justice. We have decades of experiences and millions of dollars in settlements won for our clients in all types of personal injury cases. If you have been hurt by someone who was not a medical provide, you may have a different injury case we can help you win.

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We believe in providing free information and guidance to all injury victims. Find answers to common questions about medical malpractice and other personal injury claims here.

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How To Choose The Right Personal Injury Lawyer For Me

How do you determine which personal injury lawyer is right for you? As you've undoubtedly heard the disclaimer at the end of TV and radio commercials for law firms: the choice of a lawyer is important and should not be based solely upon advertisements. The key is to speak with the lawyer and de …

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How Long Do I Have to File a Personal Injury Claim?

Do you know how long you have to file a personal injury claim? Or when the best time is to file one? Is it better to do it immediately after your accident or to wait until you know how significantly your injuries have affected your life? These are just the beginning of the string of questions t …

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When to Hire a Personal Injury Lawyer

When To Hire a Personal Injury Lawyer. Accidents and injuries are always unexpected, and it can be hard to know what to do in the aftermath, and how to go about getting compensation for your property damage, medical bills, lost wages and pain and suffering. Burger Law knows how to handle cases and …

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