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Survival Action Lawyer in Clayton, MO
Survival action lawyer in Clayton, MO. If a loved one has left us after getting injured due to someone else's carelessness, one can still pursue justice and a full financial compensation with Burger Law's Clayton, 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.
When a relative is hurt fatally due to the fact that someone else violated the rules, we may seek compensation for your sorrow, loss of support and burial costs in a wrongful death lawsuit. This gives compensation to families for their family member's death. Nonetheless, in many cases, your loved one might have an ongoing personal injury claim, whether that injury eventually led to their death or not. Survival claims, controlled by specific Missouri laws, allow injury claims to continue even though the demise of your family member. The intent behind survival claims is to ensure that the reckless party is made accountable for their actions, and that justice is obtained, in spite of the death of your injured relative.
Burger Law is a reputable Clayton, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our extensive experience of fighting for justice, we have skillfully recovered over $200 million for our clients in Clayton and throughout Missouri. When faced with the heartbreaking death of a loved one, the last thing you might wish to think about is the complexities of the legal system. Nevertheless, comprehending your rights and the available mechanisms to seek justice is undeniably crucial. If you have lost someone you love too soon, speak with a survival action lawyer in Clayton, MO today at (314) 500-HURT or contact us online for a no-cost consultation.
What Is a Survival Action in Clayton, MO?
Missouri Revised Statutes §537.020 outlines the state's statute on survival actions. According to this statute, all causes of action – reasons to bring 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 carelessness 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 main aim behind survival actions is to ensure that justice is served. If an injured person is unable to continue 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 distributed according to their will or Missouri intestacy laws.
What Is the Difference Between Survival Action and Wrongful Death Claims in Clayton, MO?
Though survival actions and wrongful death claims in Clayton, MO may appear similar, they are intrinsically different in terms of the damages they strive to recover.
- Survival actions seek to recover the damages that the deceased could have claimed had they lived, such as medical expenses, lost wages, and pain and suffering from the time of injury until death. Compensation is allotted to your relative's estate and then distributed based on their will. You can seek extra damages in a survival action claim but not in a wrongful death claim.
- Wrongful death claims aim to reimburse the family members of the deceased for their grief. This may include funeral costs and burial fees, absence of economic support, and loss of camaraderie and advice. Compensation is granted directly to bereaved kin.
In many cases, when an when an event or injury results in someone's death but the person does not pass away at the scene, you can (and should) present a survival action and wrongful death claim simultaneously. As seasoned Clayton, MO wrongful death and survival action counselors, Burger Law can support you in handling both cases to their completion.
Who Can File a Survival Action Claim in Clayton, MO?
Survival action claims in Clayton, MO are submitted in representation 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 may include:
- An individual or people identified as the personal representative in your loved one's will
- In case the person or persons designated are unfit for any reasons, if 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 believes will "maintain and protect" the estate well
- A person selected by the court
- A person nominated by other persons named in the will
Our Clayton, MO survival action lawyers can help you identify who is the personal representative in your family member's case, or set up yourself as the personal representative if the legalities and your situation it.
Damages Available in a Survival Action Claim in Clayton, MO
The compensation you can make a claim for in a survival action case in Clayton, MO is equivalent to that of a personal injury case. Typically, your expenses comprise:
- Medical expenses accrued between the date of accident and your loved one's death
- Lost wages or reduced wages if your relative's injuries impacted their ability to make a living before their death
- Property damage
- Pain and suffering and mental anguish caused by the injuries that your relative experienced before death
How Much Is My Clayton, MO Survival Action Claim Worth?
The total value of your survival action claim in Clayton, MO is greatly contingent on the distinct conditions surrounding your family member's injuries and death. Important factors are:
- The amount of healthcare received
- The amount of money missed out on from not being able to perform job functions
- The length of time your loved one suffered from their injuries before they died
- In case your family member had a part in their injuries at all
- The level of insurance coverage available
One thing a survival action lawyer does is to entirely compute the scope of your loved one's damages and demand the full amount in a financial recovery. At Burger Law, our Clayton, MO survival action and wrongful death attorneys carry out a full inquiry into your case to make sure you are recompensed to the maximum degree possible.
Statute of Limitations for Clayton, 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 due date can result in in losing your right to seek a financial recovery.
How to File a Survival Action Claim in Clayton, MO
Filing a survival action claim in Clayton, MO is a process that requires careful 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, selecting a personal representative for your departed loved one's estate is essential. This appointment can be established either as per their will or through a court appointment.
- Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is vital to talk to a lawyer proficient in injury or wrongful death cases. They can assist you through the legal process, guarantee compliance with the statute of limitations, and advocate for your rights in court. Most wrongful death and bodily harm lawyers offer free consultations, giving you no reason to not talk to an attorney before proceeding.
- File a complaint — The personal representative, with the help of an attorney, will commence a complaint in a Missouri court. This document will detail the details of the matter, identify the parties involved, and enumerate the damages sought after.
Once your claim is officially lodged, your Burger Law lawyer for survival actions in Clayton, 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 essential component of a survival action claim in Clayton, MO, and your attorney for survival action will support in pinpointing and finding the necessary evidence. This may encompass:
- Medical records and bills to adequately detail the scope of the damage and the medical care interventions needed
- Wage and employment records to clearly demonstrate lost earnings due to the harm
- Expert testimony, such statements by healthcare specialists, to confirm the reason and extent of the injury
- Witnesses who can verify to the conditions related to the accident
The Importance of Legal Representation
While it is technically possible to file a claim for survival action without an attorney, the complexities in legal matters and procedural intricacies make it challenging if you do not possess legal training. An skilled lawyer like those at Burger Law will provide significant direction, represent your rights, and improve your likelihood of a positive outcome.
The most effective way to file a claim for survival action in Clayton, MO? Rely on Burger Law. We are determined to secure a total monetary compensation for the damages and anguish your beloved one endured. Let us manage the legal facet of your lawsuit while you and your family focus on grieving and healing.
Legal Representation for Clayton, MO Survival Action Claims
Grieving the loss of someone you hold dear about is always demanding, and it can be made even more difficult when attempting to deal with legal intricacies. Submitting and winning in a survival action claim requires a thorough comprehension of the legal system, meticulous gathering of evidence, months, and at times even years of your effort, and the capacity to effectively plead in court. Taking into account these difficulties, it is crucial to look for specialized legal assistance to assure that justice is delivered.
Importance of Legal Representation
In lawsuits involving survival action, retaining legal counsel can make a substantial difference. Lawyers focusing in personal injury and wrongful death law possess the understanding and proficiency to navigate the complexities of these claims, assuring that the liable parties are held accountable and obtaining the highest financial recovery for your loved ones. Our survival action attorneys understand the Missouri legal system completely 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 helping our customers in dealing with the demanding path to justice. We understand the intricacies of survival action claims, and we employ our entire commitment to every case we take on. We strongly believe in fairness and the civil court system that empowers mourning kin to seek justice. When you retain Burger Law's survival action lawyers in Clayton, MO, we:
- Provide a thorough grasp of the law and the utmost level of legal advocacy
- Evaluate and build your legal matter with careful analysis and well-thought-out planning
- Take care of all legal procedures, discussion, and litigation on your behalf
- Champion for your rights and interests in the court system
- Provide empathetic emotional support as you and your family face this challenging time
Let Us Help You
If you believe you have a survival action claim in Clayton, MO, call Burger Law at (314) 500-HURT right away. We provide a free first consultation to talk about your case, discuss your options and elaborate on how we are determined to fight for your family. You do not pay until we win your case. Let us assist you in going after the justice that your cherished ones are entitled to. Contact us today to initiate the process.
Other types of cases we take on and win in Clayton, MO include:
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Speak to a Survival Action Lawyer in Clayton, MO Today
Survival action claims constitute a critical legal recourse to guarantee justice in the face of an untimely death. With Burger Law's assistance, you and your Clayton, MO family can pursue the justice and complete compensation that your loved one deserved. Speak with an experienced Clayton, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a complimentary consultation.