Survival Action Lawyer in Audrain County, MO

Survival action lawyer in Audrain County, MO. If a loved one has left us after getting injured because of someone else's negligence, one can still seek justice and a comprehensive financial compensation with Burger Law's Audrain County, MO survival action and wrongful death attorneys. Set up a free consultation today by getting in touch at (314) 500-HURT or completing our online contact form.

If a family member is killed since another individual didn't follow the rules, we may strive for compensation for your heartache, financial support loss and burial expenses in a wrongful death lawsuit. Such action compensates families for their loved one's death. However, in many cases, your relative might have an existing injury claim, whether that injury was their cause of death or not. Survival claims, regulated by specific Missouri laws, let personal injury claims to persist even though the demise of your dear one. The intent behind survival actions is to ensure that the reckless party is made accountable for their actions, and that justice is achieved, in spite of the death of your hurt relative.

Burger Law is a reputable Audrain County, MO personal injury law firm that focuses on wrongful death and survival action claims. With our extensive experience of fighting for justice, we have successfully recovered over $200 million for our clients in Audrain County and throughout Missouri. When faced with the tragic death of a family member, the last thing you might want to contemplate is the legal process. Nevertheless, comprehending your rights and the available mechanisms to seek justice is undoubtedly crucial. If you have lost someone you love prematurely, speak with a survival action lawyer in Audrain County, MO today at (314) 500-HURT or contact us online for a cost-free consultation.

What Is a Survival Action in Audrain County, MO?

Missouri Revised Statutes §537.020 outlines the state's statute on survival actions. According to this statute, all causes of action – reasons to bring a lawsuit – except those for defamation and malicious prosecution, shall continue despite the death of the person eligible for damages or liable to the cause of action. Put simply, if a person sustains an injury due to the recklessness of another and subsequently passes away, their personal representative can commence a survival action to recoup damages incurred from the time of injury until their loved one's death. This holds true regardless of whether the injury directly caused their death or not.

The principal intention behind survival actions is to ensure that justice is served. If an injured person is unable to pursue 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 given out according to their will or Missouri intestacy laws.

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

Although survival actions and wrongful death claims in Audrain County, MO may appear similar, they are intrinsically different in terms of the restitution they aim to recover.

• Survival actions aim to recover the damages that the deceased could have pursued had they lived, such as medical expenses, lost wages, and pain and suffering from the time of injury until death. Compensation is given to your relative's estate and then allocated based on their will. You can seek extra damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to compensate the kin of the deceased for their sorrow. This may include funeral costs and burial fees, absence of financial support, and loss of camaraderie and advice. Compensation is provided directly to mourning loved ones.

In many cases, when an when an event or injury leads to someone's death but the person does not die at the location, you might (and should) present a survival action and wrongful death claim at the same time. As seasoned Audrain County, MO wrongful death and survival action counselors, Burger Law can aid you in overseeing both cases to their conclusion.

Who Can File a Survival Action Claim in Audrain County, MO?

Survival action claims in Audrain County, MO are filed on behalf 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 might include:

• An individual or individuals specified as the personal representative in your loved one's will
• In case the person or persons designated are ineligible for any reasons, when there is no personal representative named in the will or if there is no will, then:
  • The husband or wife
  • Someone with a legal entitlement to part of the estate that the court feels will "maintain and protect" the estate well
  • A person selected by the court
  • A person nominated by other persons named in the will

Our Audrain County, MO survival action attorneys can help you discover who is the personal representative in your relative's case, or designate yourself as the personal representative if the legislation and your circumstance allows it.

Damages Available in a Survival Action Claim in Audrain County, MO

The compensation you can make a claim for in a survival action case in Audrain County, MO is akin to that of a personal injury case. Ordinarily, your costs comprise:

• Medical expenses accumulated between the date of injuries and your relative's death
• Missed earnings or decreased income if your relative's injuries influenced their ability to earn a living before their death
• Damage to property
• Pain and suffering and mental anguish caused by the injuries that your loved one experienced before death

How Much Is My Audrain County, MO Survival Action Claim Worth?

Calculating your survival claim damages in Audrain County, MO is greatly reliant on the distinct conditions surrounding your family member's injuries and death. Significant factors involve:

• The extent of medical treatment obtained
• The amount of money missed out on from not being able to work
• The duration your loved one suffered from their injuries before they passed away
• In case your loved one contributed partly to their injuries in any way
• The insurance policy limits

Part of a survival action lawyer's job is to fully calculate the magnitude of your loved one's damages and demand the full total in compensation. At Burger Law, our Audrain County, MO survival action and wrongful death lawyers carry out a full investigation into your case to make sure you are reimbursed to the fullest extent possible.

Statute of Limitations for Audrain County, 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 crucial to proceed promptly, as missing the time limit can result in in sacrificing your ability to make a claim.

How to File a Survival Action Claim in Audrain County, MO

Filing a survival action claim in Audrain County, MO is a process that requires thorough 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, selecting a personal representative for your late loved one's estate is essential. This appointment can be established either in accordance with their will or through a formal appointment.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is vital to talk to a lawyer specializing in tort or wrongful death cases. They can assist you through the legal process, ensure compliance with the statute of limitations, and fight for your rights in court. Most unintentional death and physical injury lawyers provide free consultations, providing you no reason not to speak to an attorney before taking further action.
• File a complaint — The personal representative, with the assistance of legal counsel, will commence a lawsuit in a Missouri court. This legal paper will detail the particulars of the lawsuit, point out the entities engaged, and particularize the damages desired.

After filing your claim, your Burger Law Audrain County, MO attorney experienced in survival actions will take the reins of the litigation proceedings, standing firmly by your side until you and your family secure the highest compensation achievable.

Gathering Necessary Evidence

Collecting evidence is a key element of a claim for survival action in Audrain County, MO, and your survival action lawyer will assist in recognizing and locating the required evidence. This might entail:

• Medical records and bills to thoroughly record the scope of the injury and the medical procedures needed
• Wage and employment records to clearly demonstrate income loss due to the harm
• Expert testimony, including statements by medical professionals, to confirm the root and degree of the harm
• Witnesses who can corroborate to the conditions surrounding the accident

The Importance of Legal Representation

While it is technically possible to submit a claim for survival action without an lawyer, the complications in legal matters and procedural complexities make it difficult if you do not possess legal training. An seasoned attorney like those at Burger Law will give significant assistance, represent your claims, and increase your likelihood of a favorable claim.

The most effective way to file a lawsuit involving survival action in Audrain County, MO? Rely on Burger Law. We are determined to attain a complete monetary recovery for the harm and anguish your beloved one endured. Let us manage the legal dimension of your case while you and your loved ones concentrate on mourning and healing.

Legal Representation for Audrain County, MO Survival Action Claims

Grieving the departure of someone you love about is constantly challenging, and it can be made even more challenging when trying to navigate complex legal matters. Initiating and winning in a claim for survival action necessitates a profound comprehension of the legal system, meticulous collection of supporting documents, weeks, and occasionally even years of your energy, and the ability to successfully advocate in court. Given these challenges, it is crucial to search for professional legal support to make sure that fairness is administered.

Importance of Legal Representation

In claims for survival action, retaining legal counsel can make a significant difference. Lawyers focusing in personal injury and wrongful death law possess the knowledge and proficiency to navigate the intricacies of these claims, assuring that the liable parties are made accountable and obtaining the optimal financial recovery for your family. Our lawyers for survival action understand the Missouri legal system thoroughly and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a law firm dedicated to personal injury and wrongful death cases, we are devoted to assisting our clients in navigating the demanding journey towards justice. We understand the intricacies of survival action claims, and we utilize our entire commitment to every lawsuit we take on. We adamantly endorse in fairness and the judicial system that enables grieving kin to seek justice. When you hire Burger Law's survival action lawyers in Audrain County, MO, we:

• Provide an extensive understanding of the law and the utmost level of legal representation
• Evaluate and build your lawsuit with diligent assessment and systematic planning
• Handle all legal procedures, negotiation, and legal actions on your part
• Fight for your rights and interests in court
• Provide sympathetic emotional support as you and your family navigate this trying time

Let Us Help You

If you believe you have a survival action claim in Audrain County, MO, contact Burger Law at (314) 500-HURT right away. We offer a complimentary initial consultation to talk about your case, consider your options and elaborate on how we are determined to fight for your family. You do not pay until we win your case. Let us help you in pursuing the justice that your dear ones are entitled to. Contact us today to initiate the process.

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

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

Survival action claims represent a vital legal avenue to guarantee justice when confronted with an untimely passing. With Burger Law's assistance, you and your Audrain County, MO family can seek the justice and full financial recovery that your family member deserved. Speak with an experienced Audrain County, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.