Survival Action Lawyer in Crawford County, Missouri

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Survival Action Lawyer in Crawford County, MO

Survival action lawyer in Crawford County, MO. If a family member passed away after being injured by someone else's carelessness, one can still seek justice and a comprehensive financial recovery with Burger Law's Crawford County, 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.

In the event that a loved one is fatally injured because another person didn't follow the rules, we may request a financial recovery for your grief, loss of support and funeral expenses in a wrongful death lawsuit. Such action reimburses families for their relative's death. Yet, in many cases, your loved one might have an existing claim for injury, whether or not this injury was their cause of death or not. Survival actions, regulated by particular Missouri laws, let personal injury claims to proceed after the death of your loved one. The purpose behind survival claims is to guarantee that the reckless party is made accountable for their actions, and that justice is realized, regardless of the death of your hurt loved one.

Burger Law is a respected Crawford County, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our extensive experience of fighting for justice, we have effectively recovered over $200 million for our clients in Crawford County and throughout Missouri. When faced with the devastating death of a family member, the last thing you might wish to think about is the legal process. Nevertheless, comprehending your rights and the available mechanisms to seek justice is certainly crucial. If you have lost someone you hold dear before their time, speak with a survival action lawyer in Crawford County, MO today at (314) 500-HURT or contact us online for a free consultation.

Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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What Is a Survival Action in Crawford 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 initiate 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 recklessness of another and later dies, their legal representative can commence a survival action to recoup damages incurred from the time of injury until their loved one's demise. This remains true regardless of whether the injury directly caused their death or not.

The chief aim 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 Crawford County, MO?

Though survival actions and wrongful death claims in Crawford County, MO might seem alike, they are fundamentally distinct in terms of the restitution they strive to recover.

  • Survival actions seek to recover the damages that the deceased could have recovered had they survived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is given to your loved one's estate and then dispersed 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 sorrow. This may include funeral costs and burial fees, lack of economic support, and loss of camaraderie and advice. Compensation is given directly to bereaved relatives.

In many cases, when an when an event or injury leads to someone's death but the person does not die at the site, you may (and should) present a survival action and wrongful death claim simultaneously. As experienced Crawford County, MO wrongful death and survival action attorneys, Burger Law can aid you in handling both cases to their conclusion.

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

Survival action claims in Crawford County, MO are filed on behalf 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:

  • A person or persons specified 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 spouse
    • An individual with a legal entitlement to part of the estate that the court thinks will "maintain and protect" the estate well
    • A individual appointed by the court
    • A person nominated by other individuals named in the will

Our Crawford County, MO survival action lawyers can help you discover who is the personal representative in your relative's case, or appoint yourself as the personal representative if the law and your circumstance allows it.

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

The financial recovery you can make a claim for in a survival action case in Crawford County, MO is comparable to that of a personal injury case. Ordinarily, your costs incorporate:

  • Medical costs gathered between the date of accident and your family member's death
  • Lost pay or reduced wages if your relative's injuries impacted their ability to generate income 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 Crawford County, MO Survival Action Claim Worth?

The total value of your survival action claim in Crawford County, MO is greatly reliant on the distinct conditions surrounding your family member's injuries and death. Important factors involve:

  • The amount of healthcare received
  • The amount of money lost from not being able to work
  • How long your loved one suffered from their injuries before they died
  • If your relative contributed partly to their injuries at all
  • The sum of insurance coverage available

One thing a survival action lawyer does is to completely determine the scope of your loved one's damages and demand the full total in a settlement. At Burger Law, our Crawford County, MO survival action and wrongful death attorneys conduct a full investigation into your case to guarantee you are recompensed to the highest level possible.

Statute of Limitations for Crawford 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 act promptly, as missing the deadline can result in in sacrificing your right to seek compensation.

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

Filing a survival action claim in Crawford County, MO is a process that requires meticulous 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 legal appointment.
  • Seek legal counsel — 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 unintentional death and physical injury lawyers provide free consultations, affording you no reason not to talk to an attorney before proceeding.
  • File a complaint — The personal representative, with the assistance of legal counsel, will commence a lawsuit in a Missouri court. This court filing will lay out the facts of the lawsuit, specify the parties involved, and state the damages requested.

Upon the submission of your claim, your Crawford 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 Crawford County, MO, and your attorney for survival action will help in pinpointing and finding the required evidence. This may encompass:

  • Medical records and bills to adequately detail the severity of the damage and the healthcare interventions needed
  • Wage and employment records to conclusively show income loss due to the harm
  • Expert testimony, including testimonies from medical experts, to establish the reason and degree of the harm
  • Witnesses who can verify 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 attorney, the intricacies in legal matters and procedural complexities make it difficult if you do not possess legal training. An seasoned attorney like those at Burger Law will provide significant direction, defend your claims, and improve your chances of a successful outcome.

The most effective way to pursue a survival action claim in Crawford County, MO? Count on Burger Law. We are determined to obtain a full monetary recovery for the harm and suffering your dear one endured. Let us manage the legal facet of your lawsuit while you and your loved ones concentrate on mourning and healing.

Legal Representation for Crawford County, MO Survival Action Claims

Grieving the departure of someone you hold dear about is constantly demanding, and it can be made even more difficult when trying to deal with complex legal matters. Initiating and winning in a lawsuit involving survival action demands a thorough grasp of the law, diligent gathering of evidence, months, and at times even years of your time, and the capability to effectively argue in court. Given these difficulties, it is crucial to search for specialized legal support to make sure that justice is served.

Importance of Legal Representation

In lawsuits involving survival action, retaining legal representation can make a substantial difference. Lawyers specializing in personal injury and wrongful death law have the understanding and know-how to maneuver the complexities of these claims, assuring that the liable parties are made accountable and achieving the maximum compensation for your family. Our survival action attorneys understand the Missouri legal system thoroughly and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a legal practice specializing in personal injury and wrongful death cases, we are devoted to assisting our clients in dealing with the difficult path towards justice. We understand the intricacies of survival action claims, and we employ our full resolve to every case we undertake. We firmly endorse in fairness and the legal system that empowers bereaved kin to seek justice. When you retain Burger Law's survival action lawyers in Crawford County, MO, we:

  • Provide an extensive understanding of the law and the topmost level of legal counsel
  • Evaluate and build your lawsuit with meticulous analysis and systematic planning
  • Handle all legal processes, negotiation, and court proceedings on your side
  • Fight for your rights and interests in a courtroom
  • Provide compassionate emotional support as you and your family deal with this trying time

Let Us Help You

If you believe you have a survival action claim in Crawford County, MO, call Burger Law at (314) 500-HURT now. We offer a complimentary first consultation to talk about your legal matter, discuss your options and elaborate on how we will fight for your loved ones. You do not pay until we win your case. Allow 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 Crawford County, MO include:


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Speak to a Survival Action Lawyer in Crawford County, MO Today

Survival action claims constitute a essential legal recourse to secure justice amidst an untimely death. With Burger Law's support, you and your Crawford County, MO family can seek the justice and total financial recovery that your loved one deserved. Contact an experienced Crawford County, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a complimentary consultation.

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