Survival Action Lawyer in Antonia, MO

Survival action lawyer in Antonia, MO. If a loved one has left us after being injured because of someone else's carelessness, you can still seek justice and a comprehensive financial compensation with Burger Law's Antonia, MO survival action and wrongful death attorneys. Arrange for a free consultation today by getting in touch at (314) 500-HURT or filling out our online contact form.

In the event that a loved one is fatally injured since someone else broke the rules, we can seek financial compensation for your grief, loss of support and funeral expenses in a wrongful death lawsuit. Such action reimburses families for their family member's death. However, in many cases, your family member may have an pre-existing personal injury claim, no matter if that injury was their cause of death or not. Survival claims, controlled by particular Missouri laws, allow injury claims to continue despite the death of your dear one. The aim behind survival claims is to ensure that the careless party is made accountable for their actions, and that justice is obtained, notwithstanding the death of your wounded loved one.

Burger Law is a well-known Antonia, MO personal injury law firm that is dedicated to wrongful death and survival action claims. With our extensive experience of fighting for justice, we have efficiently recovered over $200 million for our clients in Antonia and throughout Missouri. When faced with the devastating loss of a loved one, the last thing you might want to think about is the legal process. Nevertheless, comprehending your rights and the available mechanisms to obtain justice is undoubtedly crucial. If you have lost someone you hold dear before their time, speak with a survival action lawyer in Antonia, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Antonia, MO?

Missouri Revised Statutes §537.020 outlines the state's statute on survival actions. According to this statute, all causes of action – reasons to file a lawsuit – except those for defamation and malicious prosecution, shall endure despite the demise of the person entitled to damages or liable to the cause of action. Put simply, if a person sustains an injury due to the recklessness of another and later dies, their appointed representative can initiate a survival action to recoup damages incurred from the date of the accident until their loved one's death. This remains true regardless of whether the injury directly caused their death or not.

The primary objective behind survival actions is to ensure that justice is served. If an injured person is unable to continue their case due to death, the liable party can still be sued. The survival statute keeps the personal injury claim alive, enabling the recovery of damages that the deceased could have sought had they survived. The compensation is awarded to your loved one's estate and is distributed according to their will or Missouri intestacy laws.

What Is the Difference Between Survival Action and Wrongful Death Claims in Antonia, MO?

Though survival actions and wrongful death claims in Antonia, MO seem to be alike, they are fundamentally distinct in terms of the compensation they seek to recover.

• Survival actions strive to recover the damages that the deceased could have pursued had they survived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is given to your loved one's estate and then dispersed based on their will. You can seek punitive damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to compensate the family members of the deceased for their loss. This could include funeral costs and burial fees, lack of financial support, and loss of companionship and guidance. Compensation is granted directly to mourning relatives.

In many cases, when an when an accident or injury results in someone's death but the person does not pass away at the place, you may (and ought to) lodge a survival action and wrongful death claim at the same time. As skilled Antonia, MO wrongful death and survival action attorneys, Burger Law can help you in managing both cases to their conclusion.

Who Can File a Survival Action Claim in Antonia, MO?

Survival action claims in Antonia, MO are submitted in representation of your relative's estate. That means they can be filed by a personal representative of the estate. Under Missouri Revised Statute §473.110, a personal representative may include:

• An individual or people specified as the personal representative in your deceased's will
• If the person or people designated are unfit for any reasons, should there is no personal representative specified in the will or if there is no will, then:
  • The husband or wife
  • An individual with a legal entitlement to part of the estate that the court believes will "maintain and protect" the estate well
  • A person designated by the court
  • A person nominated by other individuals named in the will

Our Antonia, MO survival action lawyers can help you discover who is the personal representative in your family member's case, or set up yourself as the personal representative if the law and your circumstance it.

Damages Available in a Survival Action Claim in Antonia, MO

The compensation you can make a claim for in a survival action case in Antonia, MO is similar to that of a personal injury case. Usually, your costs incorporate:

• Medical costs accumulated between the date of injuries and your loved one's death
• Lost wages or lowered earnings if your loved one's injuries impacted their ability to make a living before their death
• Damage to property
• Pain and suffering and emotional distress caused by the injuries that your deceased experienced before death

How Much Is My Antonia, MO Survival Action Claim Worth?

The total value of your survival action claim in Antonia, MO is heavily contingent on the distinct circumstances surrounding your loved one's damages and death. Important factors include:

• The extent of medical care received
• The amount of money missed out on from not being able to perform job functions
• The length of time your loved one suffered from their injuries before they departed
• If your loved one had a part in their injuries in any way
• The amount of insurance coverage available

Part of a survival action lawyer's job is to entirely compute the magnitude of your family member's damages and demand the full total in a financial recovery. At Burger Law, our Antonia, MO survival action and wrongful death lawyers perform a full examination into your case to assure you are reimbursed to the highest level possible.

Statute of Limitations for Antonia, MO Survival Action Claims

In Missouri, the statute of limitations is the same for survival actions as it is for wrongful death, which is three years. That means you have three years from the date of your loved one's death to file both a wrongful death and a survival action claim. It is important to move forward promptly, as missing the time limit can result in in losing your ability to make a claim.

How to File a Survival Action Claim in Antonia, MO

Filing a survival action claim in Antonia, MO is a process that requires careful attention to legal processes and deadlines. Here's what you need to do:

Initiating a Survival Action Claim

• Appointing a personal representative — If not already designated, naming a personal representative for your departed loved one's estate is essential. This appointment can be established either in accordance with their will or through a court appointment.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is imperative to talk to a lawyer expertise in injury or wrongful death cases. They can assist you through the legal process, make certain compliance with the statute of limitations, and advocate for your rights in court. Most accidental death and personal injury lawyers give free consultations, providing you no reason never to discuss to an attorney before moving forward.
• File a complaint — The personal representative, with the help of an attorney, will initiate a complaint in a Missouri court. This will set forth the details of the lawsuit, specify the entities involved, and state the reparation requested.

Once your claim is officially lodged, your Burger Law lawyer for survival actions in Antonia, MO will manage all aspects of the litigation process, providing unwavering support until you and your loved ones obtain the maximum possible compensation

Gathering Necessary Evidence

Collecting evidence is a vital element of a claim for survival action in Antonia, MO, and your attorney for survival action will aid in pinpointing and locating the needed evidence. This could involve:

• Medical records and bills to thoroughly record the severity of the injury and the healthcare treatments required
• Wage and employment records to conclusively show lost earnings due to the harm
• Expert testimony, such statements by healthcare specialists, to confirm the reason and severity of the harm
• Witnesses who can corroborate to the conditions surrounding the accident

The Importance of Legal Representation

While it is technically possible to file a lawsuit involving survival action without an legal representative, the intricacies in legal matters and procedural intricacies make it demanding if you don't have legal expertise. An seasoned attorney like those at Burger Law will offer precious direction, advocate for your rights, and enhance your probability of a positive claim.

The most effective way to submit a claim for survival action in Antonia, MO? Put your trust in Burger Law. We are determined to obtain a full monetary recovery for the injuries and suffering your beloved one experienced. Let us take care of the legal facet of your case while you and your loved ones concentrate on mourning and healing.

Legal Representation for Antonia, MO Survival Action Claims

Grieving the departure of someone you care about is continuously demanding, and it can be made even further difficult when trying to navigate legal complexities. Filing and winning in a survival action claim requires a thorough understanding of the law, careful accumulation of supporting documents, weeks, and occasionally even years of your effort, and the ability to successfully argue in a courtroom. Taking into account these challenges, it is essential to search for expert legal assistance to guarantee that equity is delivered.

Importance of Legal Representation

In survival action claims, having legal counsel can make a substantial difference. Lawyers dedicating their practice in personal injury and wrongful death law have the understanding and know-how to handle the intricacies of these claims, assuring that the liable parties are made accountable and obtaining the optimal compensation for your loved ones. Our survival action attorneys understand the Missouri legal system completely and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a legal practice dedicated to personal injury and wrongful death cases, we are committed to supporting our individuals in maneuvering the challenging journey towards justice. We understand the details of survival action claims, and we employ our entire commitment to every case we take on. We adamantly advocate in justice and the judicial system that empowers bereaved kin to seek justice. When you retain Burger Law's survival action lawyers in Antonia, MO, we:

• Provide a comprehensive grasp of the law and the highest level of legal counsel
• Evaluate and develop your legal matter with careful analysis and strategic planning
• Manage all legal procedures, discussion, and litigation on your behalf
• Fight for your rights and interests in the court system
• Provide empathetic emotional support as you and your family face this trying time

Let Us Help You

If you believe you have a survival action claim in Antonia, MO, reach out to Burger Law at (314) 500-HURT right away. We provide a complimentary initial consultation to discuss your lawsuit, review your options and explain how we will fight for your loved ones. You do not pay until we win your case. Let us help you in pursuing the justice that your beloved ones deserve. Contact us today to initiate the process.

Other types of cases we take on and win in Antonia, MO include:

• Truck Crash Lawyers in Missouri
• Semi-Truck Accident Lawyer in Missouri

Survival action claims serve as a vital legal recourse to secure justice amidst an untimely passing. With Burger Law's support, you and your Antonia, MO family can pursue the justice and complete compensation that your loved one deserved. Speak with an experienced Antonia, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.