Survival Action Lawyer in Callaway County, MO

Survival action lawyer in Callaway County, MO. If a loved one has gone to a better place after getting injured due to someone else's negligence, one can still seek justice and a full financial compensation with Burger Law's Callaway County, MO survival action and wrongful death attorneys. Set up a free consultation today by dialing our number at (314) 500-HURT or completing our online contact form.

If a family member is tragically killed since another person broke the rules, we may strive for financial compensation for your heartache, financial support loss and funeral costs in a wrongful death lawsuit. This action gives compensation to families for their relative's death. Nonetheless, in many cases, your family member might have an ongoing claim for injury, whether that injury was their cause of death or not. Survival actions, governed by particular Missouri laws, permit personal injury claims to proceed despite the demise of your relative. The intention behind survival claims is to guarantee that the reckless party is held accountable for their actions, and that justice is achieved, in spite of the death of your injured relative.

Burger Law is a respected Callaway County, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our extensive experience of fighting for justice, we have effectively recovered over $200 million for our clients in Callaway County and throughout Missouri. When faced with the tragic death 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 absolutely crucial. If you have lost someone you love too soon, speak with a survival action lawyer in Callaway County, MO today at (314) 500-HURT or contact us online for a no-cost consultation.

What Is a Survival Action in Callaway 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 file a lawsuit – except those for defamation and malicious prosecution, shall continue despite the passing 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 subsequently passes away, their personal representative can initiate a survival action to recoup damages incurred from the date of the accident until their loved one's demise. This holds true regardless of whether the injury directly caused their death or not.

The chief intention 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 Callaway County, MO?

Though survival actions and wrongful death claims in Callaway County, MO could look similar, they are essentially different in terms of the compensation they strive to recover.

• Survival actions seek to recover the damages that the deceased could have sought had they lived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is awarded to your deceased's estate and then distributed 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 reimburse the family members of the deceased for their sorrow. This could include funeral costs and burial fees, loss of financial support, and loss of companionship and counsel. Compensation is awarded directly to grieving 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 might (and should) lodge a survival action and wrongful death claim together. As skilled Callaway County, MO wrongful death and survival action counselors, Burger Law can help you in overseeing both cases to their completion.

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

Survival action claims in Callaway County, MO are submitted 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 could include:

• An individual or individuals designated as the personal representative in your relative's will
• In case the individual or persons designated are disqualified for any reasons, when there is no personal representative named 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 feels will "manage and preserve" the estate well
  • A individual designated by the court
  • A person nominated by other people named in the will

Our Callaway County, MO survival action lawyers can help you find out who is the personal representative in your family member's case, or appoint yourself as the personal representative if the legalities and your situation permits it.

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

The compensation you can make a claim for in a survival action case in Callaway County, MO is similar to that of a personal injury case. Typically, your losses encompass:

• Medical expenses gathered between the date of accident and your loved one's death
• Missed earnings or lowered earnings if your family member's injuries influenced their ability to provide for themselves and family before their death
• Destruction of property
• Pain and suffering and emotional distress caused by the accident that your loved one experienced before death

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

Calculating your survival claim damages in Callaway County, MO is greatly contingent on the specific situations surrounding your loved one's injuries and death. Important factors are:

• The amount of medical attention obtained
• The amount of money missed out on from not being able to engage in employment
• The duration your loved one suffered from their injuries before they died
• Whether your family member contributed to their injuries in any way
• The insurance policy limits

One thing a survival action lawyer does is to entirely determine the range of your family member's damages and demand the full total in compensation. At Burger Law, our Callaway County, MO survival action and wrongful death attorneys conduct a full investigation into your case to ensure you are paid to the highest level possible.

Statute of Limitations for Callaway 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 essential to take action promptly, as missing the deadline can result in in losing your right to get compensation.

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

Filing a survival action claim in Callaway County, MO is a process that requires thorough attention to legal processes and deadlines. The following steps can guide you through the process:

Initiating a Survival Action Claim

• Appointing a personal representative — If not already designated, selecting a personal representative for your deceased loved one's estate is essential. This appointment can be established either as per their will or through a legal appointment.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is vital to seek advice from 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 fight for your rights in court. Most wrongful death and bodily harm lawyers offer free consultations, giving 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 complaint in a Missouri court. This legal paper will lay out the details of the matter, point out the parties participating, and particularize the compensation requested.

Once your claim is officially lodged, your Burger Law lawyer for survival actions in Callaway County, 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 key component of a claim for survival action in Callaway County, MO, and your attorney for survival action will help in pinpointing and obtaining the required evidence. This might entail:

• Medical records and bills to thoroughly record the severity of the injury and the healthcare interventions required
• Wage and employment records to conclusively show income loss due to the injury
• Expert testimony, such testimonies from healthcare specialists, to confirm the reason and severity of the harm
• Witnesses who can corroborate to the events related to the injury

The Importance of Legal Representation

While it is technically possible to submit a survival action claim without an legal representative, the complexities in legal matters and procedural intricacies make it challenging if you don't have legal training. An skilled lawyer like those at Burger Law will provide invaluable direction, represent your rights, and boost your likelihood of a favorable claim.

The optimal way to file a survival action claim in Callaway County, MO? Put your trust in Burger Law. We are determined to secure a total economic recovery for the harm and anguish your beloved one went through. Let us manage the legal dimension of your case while you and your family focus on mourning and healing.

Legal Representation for Callaway County, MO Survival Action Claims

Grieving the departure of someone you hold dear about is continuously demanding, and it can be made even further difficult when trying to deal with legal intricacies. Filing and winning in a survival action claim requires a deep grasp of the law, diligent gathering of supporting documents, months, and at times even years of your effort, and the ability to effectively advocate in court. Considering these difficulties, it is vital to seek specialized legal aid to ensure that fairness is administered.

Importance of Legal Representation

In lawsuits involving survival action, having an attorney can make a significant difference. Attorneys dedicating their practice in personal injury and wrongful death law possess the knowledge and experience to maneuver the complexities of these claims, guaranteeing that the liable parties are held responsible and obtaining the optimal financial recovery for your family. Our lawyers for survival action understand the Missouri legal system fully 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 committed to supporting our customers in maneuvering the challenging path towards justice. We understand the details of survival action claims, and we employ our complete commitment to every lawsuit we undertake. We adamantly believe in equity and the legal system that enables grieving family members to seek justice. When you retain Burger Law's survival action lawyers in Callaway County, MO, we:

• Provide a thorough understanding of the law and the highest level of legal advocacy
• Evaluate and develop your lawsuit with careful assessment and strategic planning
• Manage all legal processes, discussion, and litigation on your part
• Fight for your rights and interests in a courtroom
• Provide sympathetic emotional support as you and your family deal with this challenging time

Let Us Help You

If you think you have a survival action claim in Callaway County, MO, contact Burger Law at (314) 500-HURT right away. We offer a complimentary initial consultation to talk about your lawsuit, review your options and elaborate on how we are determined to battle for your loved ones. You do not pay until we win your case. Let us support you in going after the justice that your beloved ones deserve. Contact us today to initiate the process.

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

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

Survival action claims serve as a vital legal avenue to guarantee justice amidst an untimely passing. With Burger Law's help, you and your Callaway County, MO family can seek the justice and full financial recovery that your family member was owed. Speak with an experienced Callaway County, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary consultation.