Secure the justice and full financial recovery your loved one was owed
Survival Action Lawyer in Cape Girardeau, MO
Survival action lawyer in Cape Girardeau, MO. If someone dear to your heart passed away after being injured because of someone else's negligence, one can still seek justice and a full financial recovery with Burger Law's Cape Girardeau, MO survival action and wrongful death attorneys. Arrange for 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 due to the fact that someone else didn't follow the rules, we may request a financial recovery for your sorrow, financial support loss and funeral expenses in a wrongful death lawsuit. This action provides financial help to families for their dear one's death. Yet, in many cases, your family member may have an existing claim for injury, whether this injury eventually led to their death or not. Survival claims, governed by particular Missouri laws, let personal injury claims to continue even though the demise of your family member. The intention behind survival actions is to guarantee that the careless party is held accountable for their actions, and that justice is achieved, in spite of the death of your wounded loved one.
Burger Law is a respected Cape Girardeau, MO personal injury law firm that specializes in wrongful death and survival action claims. With our many years of fighting for justice, we have effectively recovered over $200 million for our clients in Cape Girardeau and throughout Missouri. When faced with the tragic loss of a family member, the last thing you might wish 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 hold dear unexpectedly, speak with a survival action lawyer in Cape Girardeau, MO today at (314) 500-HURT or contact us online for a cost-free consultation.
What Is a Survival Action in Cape Girardeau, MO?
Missouri Revised Statutes §537.020 outlines the state's statute on survival actions. According to this statute, all causes of action – reasons to initiate a lawsuit – except those for defamation and malicious prosecution, shall persist 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 negligence of another and later dies, their appointed representative can initiate a survival action to recoup damages incurred from the time of injury until their loved one's demise. This holds 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 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 Cape Girardeau, MO?
While survival actions and wrongful death claims in Cape Girardeau, MO could look similar, they are intrinsically different in terms of the losses they strive to recover.
- Survival actions aim to recover the damages that the deceased could have pursued had they lived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is allotted to your deceased'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 aim to reimburse the relatives of the deceased for their loss. This may include funeral and burial expenses, loss of economic support, and loss of companionship and guidance. Compensation is given directly to grieving kin.
In many cases, when an when an event or injury leads to someone's death but the person does not pass away at the site, you might (and ought to) file a survival action and wrongful death claim simultaneously. As experienced Cape Girardeau, MO wrongful death and survival action counselors, Burger Law can support you in overseeing both cases to their completion.
Who Can File a Survival Action Claim in Cape Girardeau, MO?
Survival action claims in Cape Girardeau, MO are initiated in representation of your loved one'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 designated as the personal representative in your deceased's will
- When the person or people 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 husband or wife
- A person with a lawful right to part of the estate that the court feels will "oversee and conserve" the estate well
- A person selected by the court
- A individual nominated by other individuals named in the will
Our Cape Girardeau, MO survival action lawyers can help you identify who is the personal representative in your family member's case, or designate yourself as the personal representative if the law and your situation permits it.
Damages Available in a Survival Action Claim in Cape Girardeau, MO
The financial recovery you can seek in a survival action case in Cape Girardeau, MO is equivalent to that of a personal injury case. Typically, your damages incorporate:
- Medical costs accumulated between the date of accident and your loved one's death
- Lost wages or decreased income if your loved one's injuries altered their ability to generate income before their death
- Property damage
- Pain and suffering and psychological trauma caused by the injuries that your deceased experienced before death
How Much Is My Cape Girardeau, MO Survival Action Claim Worth?
The total value of your survival action claim in Cape Girardeau, MO is heavily contingent on the unique situations surrounding your family member's damages and death. Important factors involve:
- The amount of medical attention obtained
- The amount of money missed out on from not being able to work
- The period your relative suffered from their injuries before they passed
- Whether your loved one contributed partly to their injuries at all
- The level of insurance coverage available
One thing a survival action lawyer does is to thoroughly determine the magnitude of your relative's damages and demand the full total in compensation. At Burger Law, our Cape Girardeau, MO survival action and wrongful death attorneys execute a full investigation into your case to assure you are recompensed to the maximum degree possible.
Statute of Limitations for Cape Girardeau, 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 vital to take action promptly, as missing the due date can lead to in sacrificing your ability to make a claim.
How to File a Survival Action Claim in Cape Girardeau, MO
Filing a survival action claim in Cape Girardeau, MO is a process that requires careful attention to legal procedures and deadlines. Here's what you need to do:
Initiating a Survival Action Claim
- Appointing a personal representative — If not already designated, choosing 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.
- Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is vital to seek advice from a lawyer specializing in tort or wrongful death cases. They can lead you through the legal process, make certain compliance with the statute of limitations, and advocate for your rights in court. Most wrongful death and bodily harm lawyers provide free consultations, giving you no reason to not speak to an attorney before taking further action.
- File a complaint — The personal representative, with the assistance of legal counsel, will initiate a lawsuit in a Missouri court. This document will set forth the facts of the lawsuit, name the parties participating, and state the compensation sought after.
After filing your claim, your Burger Law Cape Girardeau, 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 essential factor of a claim for survival action in Cape Girardeau, MO, and your survival action lawyer will help in identifying and finding the required evidence. This may encompass:
- Medical records and bills to comprehensively document the severity of the injury and the medical treatments required
- Wage and employment records to conclusively show lost earnings due to the injury
- Expert testimony, such testimonies from medical professionals, to confirm the cause and degree of the harm
- Witnesses who can verify to the circumstances related to the accident
The Importance of Legal Representation
While it is technically possible to initiate a survival action claim without an lawyer, the intricacies in legal affairs and procedural intricacies make it difficult if you do not possess legal expertise. An skilled lawyer like those at Burger Law will provide significant guidance, defend your interests, and boost your chances of a positive claim.
The most effective way to submit a survival action claim in Cape Girardeau, MO? Count on Burger Law. We are determined to obtain a complete financial recovery for the injuries and suffering your cherished one experienced. Let us handle the legal dimension of your case while you and your loved ones focus on grieving and recovering.
Legal Representation for Cape Girardeau, MO Survival Action Claims
Grieving the loss of someone you love about is always difficult, and it can be made even further difficult when trying to navigate legal complexities. Initiating and winning in a survival action claim necessitates a deep understanding of the legal system, careful gathering of evidence, weeks, and sometimes even years of your time, and the capability to efficiently advocate in a courtroom. Taking into account these challenges, it is essential to search for expert legal assistance to ensure that justice is delivered.
Importance of Legal Representation
In survival action claims, having legal representation can make a considerable difference. Attorneys specializing in personal injury and wrongful death law possess the knowledge and experience to handle the intricacies of these claims, assuring that the liable parties are held accountable and achieving the optimal financial recovery for your family. Our survival action attorneys understand the Missouri legal system fully and will fight until there is nothing left to fight.
Our Expertise and Commitment
As a attorney group dedicated to personal injury and wrongful death cases, we are committed to helping our individuals in dealing with the challenging path towards justice. We understand the complexities of survival action claims, and we utilize our entire dedication to every case we handle. We firmly advocate in justice and the judicial system that empowers grieving relatives to pursue justice. When you hire Burger Law's survival action lawyers in Cape Girardeau, MO, we:
- Provide an extensive knowledge of the law and the utmost level of legal advocacy
- Evaluate and build your lawsuit with careful examination and well-thought-out planning
- Handle all legal processes, discussion, and court proceedings on your side
- Fight for your rights and interests in the court system
- Provide compassionate emotional support as you and your family navigate this difficult time
Let Us Help You
If you think you have a survival action claim in Cape Girardeau, MO, call Burger Law at (314) 500-HURT immediately. We provide a complimentary initial consultation to talk about your lawsuit, explore your options and explain how we are determined to battle for your family. You do not pay until we win your case. Allow us help you in seeking the justice that your beloved ones are entitled to. Contact us today to begin the process.
Other types of cases we take on and win in Cape Girardeau, MO include:
Call Burger Law Now
Speak to a Survival Action Lawyer in Cape Girardeau, MO Today
Survival action claims represent a vital legal avenue to ensure justice when confronted with an untimely death. With Burger Law's help, you and your Cape Girardeau, MO family can obtain the justice and complete compensation that your family member deserved. Speak with an experienced Cape Girardeau, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a no-cost consultation.