Survival Action Lawyer in Bowling Green, MO

Survival action lawyer in Bowling Green, MO. If a loved one has gone to a better place after being injured due to someone else's negligence, one can still pursue justice and a full financial recovery with Burger Law's Bowling Green, 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.

In the event that a dearly beloved is tragically killed because someone else broke the rules, we can strive for a financial recovery for your heartache, loss of support and funeral expenses in a wrongful death lawsuit. This reimburses families for their relative's death. But, in many cases, your relative might have an ongoing personal injury claim, no matter if that injury was their cause of death or not. Survival claims, regulated by particular Missouri laws, permit personal injury claims to continue even though the demise of your relative. The intention behind survival claims is to ensure that the negligent party is held responsible for their actions, and that justice is realized, regardless of the death of your hurt loved one.

Burger Law is a reputable Bowling Green, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our 30 of fighting for justice, we have efficiently recovered over $200 million for our clients in Bowling Green and throughout Missouri. When faced with the tragic loss of a family member, the last thing you might want to think about is the legal process. Nevertheless, understanding your rights and the available mechanisms to pursue justice is certainly crucial. If you have lost someone you love before their time, speak with a survival action lawyer in Bowling Green, MO today at (314) 500-HURT or contact us online for a no-cost consultation.

What Is a Survival Action in Bowling Green, 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 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 negligence 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 aim behind survival actions is to ensure that justice is served. If an injured person is unable to proceed with their case due to death, it does not absolve the defendant of liability. 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 Bowling Green, MO?

Although survival actions and wrongful death claims in Bowling Green, MO might seem alike, they are fundamentally different in terms of the damages they strive to recover.

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

In many cases, when an when an accident or injury results in someone's death but the person does not die at the location, you may (and should) file a survival action and wrongful death claim at the same time. As seasoned Bowling Green, MO wrongful death and survival action lawyers, Burger Law can help you in overseeing both cases to their .

Who Can File a Survival Action Claim in Bowling Green, MO?

Survival action claims in Bowling Green, MO are initiated on behalf of your family member's estate. That means they can be filed by a personal representative of the estate. Under Missouri Revised Statute §473.110, a personal representative could include:

• An individual or individuals designated as the personal representative in your relative's will
• If the individual or persons designated are unfit for any reasons, in case there is no personal representative mentioned in the will or if there is no will, then:
  • The partner
  • A person with a legal right to part of the estate that the court believes will "oversee and conserve" the estate well
  • A person designated by the court
  • A person nominated by other individuals named in the will

Our Bowling Green, MO survival action lawyers can help you identify who is the personal representative in your loved one's case, or establish yourself as the personal representative if the legislation and your situation permits it.

Damages Available in a Survival Action Claim in Bowling Green, MO

The financial recovery you can make a claim for in a survival action case in Bowling Green, MO is comparable to that of a personal injury case. Generally, your damages include:

• Medical bills collected between the date of injuries and your loved one's death
• Lost wages or decreased income if your relative's injuries influenced their ability to earn a living before their death
• Property damage
• Pain and suffering and psychological trauma caused by the accident that your loved one experienced before death

How Much Is My Bowling Green, MO Survival Action Claim Worth?

Calculating your survival claim damages in Bowling Green, MO is greatly dependent on the individual situations surrounding your relative's injuries and death. Crucial factors include:

• The extent of healthcare received
• The amount of money missed out on from not being able to perform job functions
• The duration your loved one suffered from their injuries before they passed away
• Whether your relative contributed partly to their injuries in any way
• The insurance policy limits

One thing a survival action lawyer does is to fully compute the range of your relative's damages and demand the full quantity in a financial recovery. At Burger Law, our Bowling Green, MO survival action and wrongful death attorneys carry out a full examination into your case to ensure you are recompensed to the highest level possible.

Statute of Limitations for Bowling Green, 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 act promptly, as missing the time limit can lead to in sacrificing your right to seek compensation.

How to File a Survival Action Claim in Bowling Green, MO

Filing a survival action claim in Bowling Green, MO is a process that requires meticulous attention to legal procedures and deadlines. The following steps can guide you through the process:

Initiating a Survival Action Claim

• Appointing a personal representative — If not already designated, choosing a personal representative for your deceased 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 crucial to consult a lawyer proficient 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 provide free consultations, affording you no reason not to speak to an attorney before proceeding.
• File a complaint — The personal representative, with the assistance of legal counsel, will commence a lawsuit in a Missouri court. This will lay out the particulars of the case, specify the parties participating, and state the remedies sought after.

Once your claim is filed, your Burger Law Bowling Green, MO survival action lawyer will handle all of the litigation for you and stand by your side until you and your family get maximum compensation

Gathering Necessary Evidence

Collecting evidence is a key component of a lawsuit involving survival action in Bowling Green, MO, and your attorney for survival action will aid in pinpointing and obtaining the essential evidence. This might entail:

• Medical records and bills to thoroughly record the severity of the injury and the medical treatments needed
• Wage and employment records to clearly demonstrate lost earnings due to the injury
• Expert testimony, including testimonies from medical professionals, to establish the cause and severity of the harm
• Witnesses who can attest to the events surrounding the accident

The Importance of Legal Representation

While it is theoretically achievable to submit a survival action claim without an lawyer, the complications in law proceedings and procedural intricacies make it challenging if you do not possess legal expertise. An experienced lawyer like those at Burger Law will give priceless direction, advocate for your interests, and enhance your likelihood of a favorable outcome.

The optimal way to submit a lawsuit involving survival action in Bowling Green, MO? Count on Burger Law. We will obtain a total economic compensation for the damages and pain your beloved one went through. Let us take care of the legal dimension of your legal matter while you and your family concentrate on mourning and healing.

Legal Representation for Bowling Green, MO Survival Action Claims

Grieving the loss of a person you love about is constantly challenging, and it can be made even further difficult when endeavoring to navigate complex legal matters. Submitting and winning in a survival action claim necessitates a thorough understanding of the legal framework, diligent collection of proof, months, and at times even years of your effort, and the ability to successfully argue in court. Taking into account these challenges, it is vital to search for expert legal assistance to make sure that justice is administered.

Importance of Legal Representation

In claims for survival action, retaining legal counsel can make a significant difference. Lawyers dedicating their practice in personal injury and wrongful death law carry the expertise and proficiency to navigate the intricacies of these claims, assuring that the liable parties are made responsible and securing the highest compensation 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 attorney group specializing in personal injury and wrongful death cases, we are devoted to supporting our customers in maneuvering the challenging journey to justice. We understand the intricacies of survival action claims, and we bring our entire commitment to every lawsuit we take on. We strongly advocate in justice and the legal system that empowers mourning relatives to seek justice. When you hire Burger Law's survival action lawyers in Bowling Green, MO, we:

• Provide a comprehensive grasp of the law and the highest level of legal representation
• Evaluate and build your case with diligent analysis and strategic planning
• Manage all legal processes, discussion, and litigation on your behalf
• Champion for your rights and interests in a courtroom
• Provide compassionate emotional support as you and your family face this difficult time

Let Us Help You

If you believe you have a survival action claim in Bowling Green, MO, contact Burger Law at (314) 500-HURT right away. We offer a complimentary initial consultation to talk about your lawsuit, discuss your options and explain how we will battle for your loved ones. You do not pay until we win your case. Allow us help you in going after 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 Bowling Green, MO include:

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

Survival action claims constitute a critical legal recourse to guarantee justice in the face of an untimely passing. With Burger Law's assistance, you and your Bowling Green, MO family can pursue the justice and total compensation that your loved one deserved. Contact an experienced Bowling Green, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary consultation.