Survival Action Lawyer in Cass County, MO

Survival action lawyer in Cass County, MO. If someone dear to your heart passed away after being injured by someone else's carelessness, you can still seek justice and a full financial compensation with Burger Law's Cass County, MO survival action and wrongful death attorneys. Set up a free consultation today by dialing our number at (314) 500-HURT or filling out our online contact form.

When a dearly beloved is killed due to the fact that another person violated the rules, we may seek financial compensation for your grief, loss of support and burial costs in a wrongful death lawsuit. Such action provides financial help to families for their loved one's death. But, in many cases, your relative may have an ongoing injury claim, whether that injury was their cause of death or not. Survival claims, guided by particular Missouri laws, permit injury claims to proceed despite the death of your dear one. The aim behind survival actions is to guarantee that the negligent party is made accountable for their actions, and that justice is achieved, in spite of the death of your wounded relative.

Burger Law is a renowned Cass 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 Cass County and throughout Missouri. When faced with the unfortunate death of a loved one, the last thing you might wish to think about is the complexities of the legal system. Nevertheless, understanding your rights and the available mechanisms to obtain justice is undeniably crucial. If you have lost someone you hold dear too soon, speak with a survival action lawyer in Cass County, MO today at (314) 500-HURT or contact us online for a no-cost consultation.

What Is a Survival Action in Cass 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 endure despite the demise 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 legal representative can commence 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 main objective behind survival actions is to ensure that justice is served. If an injured person is unable to proceed with 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 Cass County, MO?

Though survival actions and wrongful death claims in Cass County, MO might seem alike, they are intrinsically different in terms of the compensation they strive to recover.

• Survival actions seek 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 relative's estate and then dispersed based on their will. You can seek additional damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims endeavor to compensate the loved ones of the deceased for their losses. This might include funeral and burial expenses, loss of monetary help, and loss of companionship and counsel. Compensation is provided directly to bereaved relatives.

In many cases, when an when an incident or injury results in someone's death but the person does not die at the scene, you might (and ought to) submit a survival action and wrongful death claim simultaneously. As experienced Cass County, MO wrongful death and survival action advocates, Burger Law can support you in navigating both cases to their completion.

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

Survival action claims in Cass County, MO are submitted 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 may include:

• An individual or persons designated as the personal representative in your deceased's will
• Should the person or persons designated are disqualified for any reasons, if there is no personal representative mentioned in the will or if there is no will, then:
  • The spouse
  • An individual with a legal right to part of the estate that the court believes will "manage and preserve" the estate well
  • A person appointed by the court
  • A individual nominated by other individuals named in the will

Our Cass County, MO survival action attorneys 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 law and your situation allows it.

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

The compensation you can seek in a survival action case in Cass County, MO is akin to that of a personal injury case. Typically, your damages encompass:

• Medical costs accumulated between the date of injuries and your family member's death
• Lost income or reduced wages if your family member's injuries impacted their ability to generate income before their death
• Loss of property
• Pain and suffering and psychological trauma caused by the injuries that your relative experienced before death

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

The total value of your survival action claim in Cass County, MO is heavily reliant on the unique circumstances surrounding your loved one's injuries and death. Crucial factors involve:

• The amount of medical treatment received
• The amount of money missed out on from not being able to earn a living
• How long your loved one suffered from their injuries before they departed
• Should your relative contributed partly to their injuries in any way
• The insurance policy limits

One thing a survival action lawyer does is to entirely determine the extent of your loved one's damages and demand the full total in a financial recovery. At Burger Law, our Cass County, MO survival action and wrongful death attorneys perform a full inquiry into your case to guarantee you are compensated to the maximum degree possible.

Statute of Limitations for Cass 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 deadline can result in in forfeiting your ability to make a claim.

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

Filing a survival action claim in Cass 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 according to 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 seek advice from a lawyer expertise in injury or wrongful death cases. They can guide you through the legal process, make certain compliance with the statute of limitations, and fight for your rights in court. Most unintentional death and personal injury lawyers give free consultations, affording you no reason never to speak to an attorney before proceeding.
• File a complaint — The personal representative, with the help of an attorney, will initiate a complaint in a Missouri court. This will detail the facts of the lawsuit, specify the entities participating, and particularize the reparation sought after.

Upon the submission of your claim, your Cass County, MO Burger Law attorney specializing in survival actions will take charge of the litigation process on your behalf, remaining steadfastly by your side until you and your family receive the utmost compensation

Gathering Necessary Evidence

Collecting evidence is a crucial element of a claim for survival action in Cass County, MO, and your attorney for survival action will help in recognizing and obtaining the required evidence. This might include:

• Medical records and bills to adequately detail the severity of the injury and the healthcare procedures required
• Wage and employment records to clearly demonstrate income loss due to the harm
• Expert testimony, such as statements by healthcare specialists, to establish 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 feasible in theory to initiate a claim for survival action without an attorney, the intricacies in legal affairs and procedural complexities make it demanding if you don't have legal training. An skilled lawyer like those at Burger Law will provide significant guidance, represent your claims, and increase your likelihood of a positive outcome.

The most effective way to file a survival action claim in Cass County, MO? Rely on Burger Law. We will secure a full economic compensation for the damages and anguish your dear one experienced. Let us handle the legal dimension of your lawsuit while you and your family focus on mourning and healing.

Legal Representation for Cass County, MO Survival Action Claims

Grieving the passing of an individual you care about is always difficult, and it can be made even more challenging when trying to handle legal complexities. Submitting and winning in a claim for survival action necessitates a thorough understanding of the legal framework, meticulous collection of proof, months, and sometimes even years of your effort, and the ability to effectively argue in a courtroom. Considering these challenges, it is imperative to look for professional legal assistance to assure that fairness is delivered.

Importance of Legal Representation

In lawsuits involving survival action, possessing an attorney can make a substantial difference. Attorneys dedicating their practice in personal injury and wrongful death law carry the knowledge and know-how to handle the intricacies of these claims, ensuring that the liable parties are made responsible and securing the optimal compensation 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 dedicated to personal injury and wrongful death cases, we are devoted to supporting our clients in navigating the challenging path towards justice. We understand the intricacies of survival action claims, and we employ our complete commitment to every legal matter we handle. We strongly advocate in fairness and the judicial system that empowers mourning family members to pursue justice. When you retain Burger Law's survival action lawyers in Cass County, MO, we:

• Provide a thorough understanding of the law and the topmost level of legal advocacy
• Evaluate and build your case with meticulous analysis and well-thought-out planning
• Manage all legal processes, discussion, and legal actions on your part
• Champion for your rights and interests in a courtroom
• Provide sympathetic emotional support as you and your family navigate this challenging time

Let Us Help You

If you think you have a survival action claim in Cass County, MO, call Burger Law at (314) 500-HURT now. We offer a no-cost first consultation to discuss your case, discuss your options and explain how we will fight for your family. You do not pay until we win your case. Allow us help you in pursuing the justice that your cherished ones deserve. Contact us today to begin the process.

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

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

Survival action claims constitute a vital legal avenue to ensure justice when confronted with an untimely passing. With Burger Law's support, you and your Cass County, MO family can pursue the justice and total financial recovery that your family member deserved. Contact an experienced Cass County, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a free consultation.