Proving Negligence

After your lawyer has made costly mistakes in handling your legal issue, you may feel as though you have reason to sue for legal malpractice, or in most cases legal negligence. Just as doctors are expected to care for their patients, attorneys are expected to help their clients in a professional and responsible manner. If this does not happen, a legal negligence case may be in order. However, the following should be considered with the help of an experienced attorney to determine if filing a legal negligence case is appropriate.

To file a lawsuit of any kind, you must prove:

  • Duty of care
    In a legal negligence case, this duty of care is typically the lawyer’s responsibility to represent you, the client, in a manner that is normal and expected for that of any lawyer in similar circumstances.
  • Breach of duty of care
    If the attorney legally representing you has made a mistake that breached the duty of care to you, you may be able to file a lawsuit against him or her.
  • Cause of injury or harm
    The mistake, or breach of duty of care, made by the attorney must be one that can be measured financially. Typically in legal negligence cases, this mistake caused the case to be unsuccessful, smaller than reasonably expected damages or even thrown out of court.

You must specifically show that “but for” the substandard representation of your attorney, that your results would have been substantially more favorable.

A legal negligence case is much more difficult to prove than other civil cases for damages. as you must prove the underlying case & that your lawyer was substandard in his representation. (a case within a case). You should always look for an attorney who has experience in legal negligence matters.

You must also be able to prove you could have collected from the defendant in your original case. In some circumstances, this could mean proving that the defendant had money or insurance that would have paid in your favor had the case been won. These financial losses are the damages that are being sued for in the legal negligence case.

If you believe your attorney has taken actions, or failed to take actions that led to a less than favorable result in your lawsuit, speak with an experienced legal negligence attorney about legal malpractice and the possibility of a legal negligence lawsuit. As these cases must be filed very shortly after its occurrence (as short as one year after the original lawsuit in some jurisdictions), it is important to make an appointment quickly with an experienced legal malpractice attorney.

For assistance with your legal matter, we invite you to call on our trial attorneys to ascertain how the law firm of W. Morris Taylor, P.C., can put over 80 combined years of legal experience to work for you, call us at (314) 725-7000, or contact us online. Discover how we earned our reputation for excellence and our track record of success.

If an attorney misrepresented you in court and caused you harm financially, you may be able to sue the attorney for legal malpractice. This legal malpractice can occur during any type of lawsuit, including personal injury, real estate, family law (such as divorce or custody cases), property distributions, etc. Within any of these lawsuits, there are only three ways that legal malpractice can be claimed:

  • Negligence:
    Legal negligence is where most malpractice claims land. Legal negligence refers to when a lawyer’s actions do not use the normal and expected actions necessary in filing a lawsuit. The actions that could potentially be included as negligence are not preparing properly, missing deadlines, not following court orders and failing to file within the state’s statute of limitations for the particular type of lawsuit.
  • Breach of fiduciary duty
    A breach of fiduciary duty refers to the lawyer having a conflict of interest in your court case. This may include representing another person on the opposing side of the same lawsuit, or spending more time in finding more clients than fulfilling the needs of those he or she already in the process of filing a lawsuit.
  • Breach of contract
    If an attorney collects fees, and then fails to complete the tasks/agreements for which the fees were intended, a breach of contract may have occurred.

A legal negligence lawsuit is a difficult case to prove, and what may seem unfair is not always cause for a lawsuit. Consequently, you should find an attorney with the experience & reputation for handling legal negligence matters. If you believe your attorney has wronged you in some way, such as those listed above, you may speak with a second attorney to go over your options and determine if a legal malpractice lawsuit is one of those options. If you are currently in the middle of a lawsuit that you believe your current lawyer is not properly handling, act quickly to speak with your lawyer and if necessary, get a new lawyer. You can always ask for your lawsuit file and get a second opinion at any point during the process.

For assistance with your legal matter, we invite you to call on our trial attorneys to ascertain how the law firm of W. Morris Taylor, P.C., can put over 80 combined years of legal experience to work for you, call us at (314) 725-7000, or contact us online. Discover how we earned our reputation for excellence and our track record of success.

W. Morris Taylor, P.C., is St. Louis litigation firm representing clients nationally, and throughout Missouri, including the St. Louis and St. Charles areas that have been injured due to attorney negligence or legal malpractice.

Our attorney, W. Morris Taylor, is certified in civil trial advocacy and civil pretrial practice advocacy by the National Board of Legal Specialty Certification - An American Bar Association Accredited Organization and has over 42 years of trial experience, and is nationally renowned for representing clients in legal malpractice cases.

Mr. Taylor represents clients who have suffered substantial financial injury due to attorney malpractice. Over the course of 42 years, Mr. Taylor has represented clients all over the country in a variety of legal malpractice cases, including the following:

  • Attorney negligence in handling personal injury claims
  • Legal negligence in domestic cases over support issues or the division of marital assets (distribution of property malpractice)
  • Insurance defense attorney malpractice (for in-house insurance defense negligence or for outside insurance defense malpractice)
  • Trial malpractice

Our firm has experience in analyzing liability issues and damage issues in legal malpractice cases. We also have the fortitude to stand up and do the right thing. If attorneys are negligent, and a result of their negligence one is injured, they should bear the responsibility of compensating the injured party.

For assistance with your legal matter, we invite you to call on our trial attorneys to ascertain how the law firm of W. Morris Taylor, P.C., can put over 80 combined years of legal experience to work for you, call us at (314) 725-7000, or contact us online. Discover how we earned our reputation for excellence and our track record of success.

Representative Cases

legal malpracticeCase Type: Legal Malpractice
award amountDamages: $15 million; Settlement: Confidential
read moreRead case summary »
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legal malpracticeCase Type: Legal Negligence
award amountSettlement: $6.8 million
read moreRead case summary »
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personal injuryCase Type: Personal Injury
award amountSettlement: $3.25 million
read moreRead case summary »
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wrongful deathCase Type: Wrongful Death
award amountSettlement: Confidential
read moreRead case summary »
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wrongful deathCase Type: Wrongful Death
award amountSettlement: $1.3 million
read moreRead case summary »
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personal injuryCase Type: Personal Injury
award amountVerdict: $500,000; Medical: $39,000
read moreRead case summary »
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wrongful deathCase Type: Wrongful Death
award amountSettlement: $565,000
read moreRead case summary »
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Office Location

BY APPOINTMENT ONLY

12510 Ladue Lake Ct.
Creve Coeur, MO 63141

314-725-7000 Office
314-725-7273 Fax

Disclaimer

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The information presented on this website is not legal advice as every case has unique circumstances.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Attorney fees for legal negligence cases are evaluated on a case by case basis.