Survival Action Lawyer in Chesterfield, MO

Survival action lawyer in Chesterfield, MO. If a family member has gone to a better place after getting injured because of someone else's negligence, one can still seek justice and a comprehensive financial compensation with Burger Law's Chesterfield, 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.

When a relative is hurt fatally since another person violated the rules, we may request a financial recovery for your sorrow, financial support loss and funeral expenses in a wrongful death lawsuit. This gives compensation to families for their loved one's death. But, in many cases, your dear one might have an existing claim for injury, whether that injury was their cause of death or not. Survival claims, regulated by particular Missouri laws, let personal injury claims to continue after the death of your loved one. The aim behind survival actions is to guarantee that the reckless party is held accountable for their actions, and that justice is accomplished, in spite of the death of your injured family member.

Burger Law is a respected Chesterfield, MO personal injury law firm that specializes in wrongful death and survival action claims. With our three decades of fighting for justice, we have successfully recovered over $200 million for our clients in Chesterfield and throughout Missouri. When faced with the unfortunate death of a family member, the last thing you might wish to contemplate 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 love prematurely, speak with a survival action lawyer in Chesterfield, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Chesterfield, 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 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 legal representative can initiate a survival action to recoup damages incurred from the date of the accident until their loved one's demise. This remains 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 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 distributed according to their will or Missouri intestacy laws.

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

Although survival actions and wrongful death claims in Chesterfield, MO might seem alike, they are intrinsically different in terms of the losses they aim to recover.

• Survival actions seek to recover the damages that the deceased could have recovered had they lived, such as healthcare costs, lost earnings, and pain and suffering from the time of injury until death. Compensation is allotted to your relative's estate and then allocated based on their will. You can seek exemplary damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to reimburse the loved ones of the deceased for their sorrow. This may include funeral costs and burial fees, lack of financial support, and loss of companionship and guidance. Compensation is given directly to grieving loved ones.

In many cases, when an when an event or injury results in someone's death but the person does not die at the site, you could (and should) file a survival action and wrongful death claim together. As seasoned Chesterfield, MO wrongful death and survival action advocates, Burger Law can aid you in overseeing both cases to their .

Who Can File a Survival Action Claim in Chesterfield, MO?

Survival action claims in Chesterfield, MO are initiated in representation 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 may include:

• A person or people identified as the personal representative in your loved one's will
• Should the person or people designated are ineligible for any reasons, when there is no personal representative identified in the will or if there is no will, then:
  • The spouse
  • A person with a lawful right to part of the estate that the court believes will "oversee and conserve" the estate well
  • A person chosen by the court
  • A person nominated by other individuals named in the will

Our Chesterfield, MO survival action attorneys can help you discover who is the personal representative in your family member's case, or designate yourself as the personal representative if the law and your circumstance permits it.

Damages Available in a Survival Action Claim in Chesterfield, MO

The compensation you can make a claim for in a survival action case in Chesterfield, MO is comparable to that of a personal injury case. Usually, your losses incorporate:

• Medical expenses accumulated between the date of accident and your loved one's death
• Lost income or reduced wages if your family member's injuries influenced their ability to provide for themselves and family before their death
• Loss of property
• Pain and suffering and emotional distress caused by the injuries that your relative experienced before death

How Much Is My Chesterfield, MO Survival Action Claim Worth?

Calculating your survival claim damages in Chesterfield, MO is greatly dependent on the distinct situations surrounding your loved one's injuries and death. Significant factors include:

• The extent of medical treatment obtained
• The amount of money lost from not being able to perform job functions
• The period your loved one suffered from their injuries before they died
• In case your family member contributed partly to their injuries in any way
• The amount of insurance coverage available

Part of a survival action lawyer's job is to thoroughly compute the magnitude of your family member's damages and demand the full amount in compensation. At Burger Law, our Chesterfield, MO survival action and wrongful death attorneys perform a full investigation into your case to ensure you are paid to the fullest extent possible.

Statute of Limitations for Chesterfield, 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 move forward promptly, as missing the deadline can result in in sacrificing your right to get compensation.

How to File a Survival Action Claim in Chesterfield, MO

Filing a survival action claim in Chesterfield, 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 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 proficient in tort or wrongful death cases. They can guide you through the legal process, guarantee compliance with the statute of limitations, and defend for your rights in court. Most accidental death and physical injury lawyers offer free consultations, providing you no reason never to discuss to an attorney before proceeding.
• File a complaint — The personal representative, with the help of an attorney, will commence a lawsuit in a Missouri court. This legal paper will detail the facts of the case, point out the parties engaged, and enumerate the reparation sought after.

After filing your claim, your Burger Law Chesterfield, 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 survival action claim in Chesterfield, MO, and your attorney for survival action will support in discovering and locating the essential evidence. This might entail:

• Medical records and bills to adequately detail the extent of the injury and the medical care interventions required
• Wage and employment records to clearly demonstrate income loss due to the injury
• Expert testimony, such as statements by healthcare specialists, to establish the cause and degree of the injury
• Witnesses who can attest to the events related to the accident

The Importance of Legal Representation

While it is feasible in theory to file a claim for survival action without an legal representative, the complications in legal affairs and procedural intricacies make it challenging if you do not possess legal expertise. An skilled lawyer like those at Burger Law will offer precious direction, defend your claims, and increase your chances of a successful outcome.

The most effective way to file a lawsuit involving survival action in Chesterfield, MO? Rely on Burger Law. We will attain a full financial compensation for the harm and anguish your cherished one experienced. Let us handle the legal facet of your lawsuit while you and your family focus on mourning and recovering.

Legal Representation for Chesterfield, MO Survival Action Claims

Grieving the passing of a person you hold dear about is always demanding, and it can be made even more challenging when attempting to deal with legal complexities. Initiating and winning in a lawsuit involving survival action requires a deep grasp of the law, careful gathering of proof, weeks, and occasionally even years of your effort, and the capacity to effectively plead in court. Taking into account these difficulties, it is vital to look for professional legal assistance to ensure that fairness is delivered.

Importance of Legal Representation

In survival action claims, possessing legal counsel can make a significant difference. Lawyers dedicating their practice in personal injury and wrongful death law have the knowledge and experience to navigate the nuances of these claims, ensuring that the liable parties are made accountable and achieving the optimal financial recovery for your loved ones. 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 specializing in personal injury and wrongful death cases, we are committed to supporting our clients in navigating the difficult path towards justice. We understand the complexities of survival action claims, and we employ our full resolve to every case we take on. We firmly advocate in fairness and the legal system that empowers bereaved family members to seek justice. When you hire Burger Law's survival action lawyers in Chesterfield, MO, we:

• Provide a comprehensive understanding of the law and the topmost level of legal representation
• Evaluate and develop your lawsuit with diligent assessment and well-thought-out planning
• Manage all legal proceedings, discussion, and court proceedings on your behalf
• Advocate for your rights and interests in court
• Provide sympathetic emotional support as you and your family deal with this challenging time

Let Us Help You

If you believe you have a survival action claim in Chesterfield, MO, contact Burger Law at (314) 500-HURT immediately. We offer a free initial consultation to discuss your case, review your options and elaborate on how we are determined to fight for your loved ones. You do not pay until we win your case. Let us assist 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 Chesterfield, MO include:

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

Survival action claims represent a vital legal avenue to guarantee justice in the face of an untimely death. With Burger Law's assistance, you and your Chesterfield, MO family can pursue the justice and total compensation that your family member deserved. Speak with an experienced Chesterfield, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a complimentary consultation.