Survival Action Lawyer in Columbia, MO

Survival action lawyer in Columbia, MO. If a family member passed away after being injured by someone else's carelessness, you can still pursue justice and a full financial recovery with Burger Law's Columbia, 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.

When a family member is fatally injured due to the fact that another individual broke the rules, we may seek financial compensation for your heartache, financial support loss and funeral expenses in a wrongful death lawsuit. This reimburses families for their dear one's death. However, in many cases, your family member might have an ongoing personal injury claim, whether that injury was their cause of death or not. Survival claims, governed by particular Missouri laws, permit personal injury claims to proceed despite the passing of your loved one. The intent behind survival actions is to guarantee that the negligent party is made accountable for their actions, and that justice is accomplished, despite the death of your hurt relative.

Burger Law is a reputable Columbia, MO personal injury law firm that is dedicated to 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 Columbia and throughout Missouri. When faced with the devastating death of a family member, the last thing you might want to contemplate is the legal process. Nevertheless, understanding your rights and the available mechanisms to obtain justice is undeniably crucial. If you have lost someone you hold dear prematurely, speak with a survival action lawyer in Columbia, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Columbia, 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 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 negligence of another and subsequently passes away, their appointed representative can pursue a survival action to recoup damages incurred from the date of the accident until their loved one's death. This remains true regardless of whether the injury directly caused their death or not.

The principal 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 Columbia, MO?

Though survival actions and wrongful death claims in Columbia, MO may appear similar, they are essentially different in terms of the restitution they strive to recover.

• Survival actions aim to recover the damages that the deceased could have claimed 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 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 seek to recompense the family members of the deceased for their losses. This could include funeral and burial expenses, absence of monetary help, and loss of camaraderie and advice. Compensation is granted directly to mourning family members.

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 might (and ought to) submit a survival action and wrongful death claim simultaneously. As skilled Columbia, MO wrongful death and survival action advocates, Burger Law can help you in managing both cases to their conclusion.

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

Survival action claims in Columbia, MO are filed on behalf 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 identified as the personal representative in your loved one's will
• When the person or persons designated are ineligible for any reasons, if there is no personal representative named in the will or if there is no will, then:
  • The husband or wife
  • Someone with a legal right to part of the estate that the court thinks will "oversee and conserve" the estate well
  • A person appointed by the court
  • A person nominated by other individuals named in the will

Our Columbia, MO survival action attorneys can help you determine who is the personal representative in your relative's case, or designate yourself as the personal representative if the legislation and your situation it.

Damages Available in a Survival Action Claim in Columbia, MO

The compensation you can seek in a survival action case in Columbia, MO is equivalent to that of a personal injury case. Ordinarily, your damages encompass:

• Medical bills gathered between the date of injuries and your loved one's death
• Lost wages or reduced wages if your relative's injuries affected their ability to make a living before their death
• Loss of property
• Pain and suffering and psychological trauma caused by the injuries that your loved one experienced before death

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

The total value of your survival action claim in Columbia, MO is greatly contingent on the distinct scenarios surrounding your loved one's injuries and death. Vital factors involve:

• The extent of medical attention obtained
• The amount of money lost from not being able to engage in employment
• The period your relative suffered from their injuries before they passed away
• If your loved one had a part in their injuries at all
• The insurance policy limits

One thing a survival action lawyer does is to completely determine the scope of your family member's damages and demand the full total in a settlement. At Burger Law, our Columbia, MO survival action and wrongful death attorneys carry out a full examination into your case to make sure you are recompensed to the fullest extent possible.

Statute of Limitations for Columbia, 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 take action promptly, as missing the deadline can result in in sacrificing your ability to make a claim.

How to File a Survival Action Claim in Columbia, MO

Filing a survival action claim in Columbia, 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 departed 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 crucial to seek advice from a lawyer expertise in injury or wrongful death cases. They can lead you through the legal process, make certain compliance with the statute of limitations, and fight for your rights in court. Most accidental death and bodily harm lawyers give 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 commence a lawsuit in a Missouri court. This will set forth the facts of the case, identify the entities engaged, and state the reparation requested.

Once your claim is filed, your Burger Law Columbia, MO survival action lawyer will handle all of the litigation for you and stand by your side until you and your family get maximum compensation

Gathering Necessary Evidence

Collecting evidence is a crucial element of a claim for survival action in Columbia, MO, and your attorney for survival action will assist in discovering and locating the essential evidence. This may encompass:

• Medical records and bills to comprehensively document the severity of the damage and the medical care treatments needed
• Wage and employment records to conclusively show income loss due to the injury
• Expert testimony, such as testimonies from healthcare specialists, to establish the reason and severity of the injury
• Witnesses who can verify to the conditions related to the accident

The Importance of Legal Representation

While it is theoretically achievable to initiate a lawsuit involving survival action without an attorney, the complications in legal affairs and procedural complexities make it difficult if you don't have legal expertise. An knowledgeable attorney like those at Burger Law will give priceless direction, advocate for your interests, and boost your likelihood of a successful outcome.

The best way to file a lawsuit involving survival action in Columbia, MO? Rely on Burger Law. We are determined to obtain a full economic compensation for the harm and pain your beloved one endured. Let us handle the legal facet of your legal matter while you and your family focus on mourning and recovering.

Legal Representation for Columbia, MO Survival Action Claims

Grieving the departure of someone you hold dear about is continuously challenging, and it can be made even further challenging when attempting to handle complex legal matters. Initiating and winning in a claim for survival action necessitates a profound understanding of the legal framework, diligent gathering of evidence, weeks, and occasionally even years of your effort, and the capability to effectively plead in a courtroom. Taking into account these obstacles, it is vital to look for specialized legal support to ensure that equity is delivered.

Importance of Legal Representation

In lawsuits involving survival action, retaining legal counsel can make a considerable difference. Attorneys dedicating their practice in personal injury and wrongful death law carry the knowledge and proficiency to maneuver the complexities of these claims, assuring that the liable parties are made responsible and securing the optimal financial recovery for your family. Our lawyers for survival action understand the Missouri legal system completely and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a legal practice dedicated to personal injury and wrongful death cases, we are committed to assisting our clients in navigating the challenging journey to justice. We understand the complexities of survival action claims, and we bring our complete commitment to every legal matter we undertake. We firmly believe in fairness and the legal system that enables mourning relatives to seek justice. When you hire Burger Law's survival action lawyers in Columbia, MO, we:

• Provide an extensive grasp of the law and the highest level of legal advocacy
• Evaluate and develop your lawsuit with meticulous analysis and strategic planning
• Manage all legal processes, negotiation, and court proceedings on your part
• Fight for your rights and interests in court
• Provide empathetic emotional support as you and your family navigate this trying time

Let Us Help You

If you think you have a survival action claim in Columbia, MO, call Burger Law at (314) 500-HURT immediately. We offer a no-cost initial consultation to talk about your legal matter, review your options and explain how we are determined to battle for your loved ones. You do not pay until we win your case. Allow us support you in seeking the justice that your cherished ones are entitled to. Contact us today to begin the process.

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

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

Survival action claims serve as a vital legal option to ensure justice amidst an untimely death. With Burger Law's support, you and your Columbia, MO family can obtain the justice and full financial recovery that your family member was owed. Speak with an experienced Columbia, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.