Survival Action Lawyer in Crystal City, MO

Survival action lawyer in Crystal City, MO. If a loved one passed away after getting injured because of someone else's negligence, you can still pursue justice and a comprehensive financial compensation with Burger Law's Crystal City, MO survival action and wrongful death attorneys. Arrange for a free consultation today by getting in touch at (314) 500-HURT or completing our online contact form.

If a family member is fatally injured due to the fact that another person didn't follow the rules, we can request compensation for your grief, loss of support and burial costs in a wrongful death lawsuit. Such action gives compensation to families for their family member's death. However, in many cases, your family member might have an existing personal injury claim, regardless of whether this injury was their cause of death or not. Survival claims, guided by specific Missouri laws, allow injury claims to persist even after the death of your relative. The aim behind survival actions is to ensure that the negligent party is made accountable for their actions, and that justice is accomplished, regardless of the death of your injured loved one.

Burger Law is a renowned Crystal City, MO personal injury law firm that focuses on wrongful death and survival action claims. With our three decades of fighting for justice, we have efficiently recovered over $200 million for our clients in Crystal City and throughout Missouri. When faced with the tragic loss of a loved one, 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 absolutely crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in Crystal City, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Crystal City, 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 persist despite the demise 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 appointed representative can commence 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 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, 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 Crystal City, MO?

Even though survival actions and wrongful death claims in Crystal City, MO seem to be alike, they are intrinsically different in terms of the damages they seek to recover.

• Survival actions seek to recover the damages that the deceased could have claimed had they lived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is granted 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 endeavor to reimburse the relatives of the deceased for their grief. This could include funeral and burial expenses, loss of economic support, and loss of companionship and counsel. Compensation is awarded directly to bereaved relatives.

In many cases, when an when an accident or injury leads to someone's death but the person does not die at the site, you might (and should) file a survival action and wrongful death claim simultaneously. As experienced Crystal City, MO wrongful death and survival action lawyers, Burger Law can help you in overseeing both cases to their conclusion.

Who Can File a Survival Action Claim in Crystal City, MO?

Survival action claims in Crystal City, 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 could include:

• A person or individuals identified as the personal representative in your relative's will
• Should the person or persons designated are disqualified for any reasons, in case there is no personal representative named in the will or if there is no will, then:
  • The husband or wife
  • Someone with a lawful claim to part of the estate that the court considers will "oversee and conserve" the estate well
  • A person chosen by the court
  • A person nominated by other persons named in the will

Our Crystal City, MO survival action lawyers can help you find out who is the personal representative in your loved one's case, or designate yourself as the personal representative if the legalities and your circumstance it.

Damages Available in a Survival Action Claim in Crystal City, MO

The financial recovery you can seek in a survival action case in Crystal City, MO is similar to that of a personal injury case. Ordinarily, your damages include:

• Medical costs accrued between the date of injuries and your family member's death
• Lost income or reduced wages if your loved one's injuries influenced their ability to make a living before their death
• Property damage
• Pain and suffering and psychological trauma caused by the injuries that your deceased experienced before death

How Much Is My Crystal City, MO Survival Action Claim Worth?

The total value of your survival action claim in Crystal City, MO is largely contingent on the individual circumstances surrounding your relative's damages and death. Significant factors include:

• The extent of healthcare received
• The amount of money lost from not being able to perform job functions
• How long your loved one suffered from their injuries before they passed
• Whether your family member had a part in their injuries at all
• The insurance policy limits

Part of a survival action lawyer's job is to entirely compute the range of your loved one's damages and demand the full amount in a financial recovery. At Burger Law, our Crystal City, MO survival action and wrongful death attorneys conduct a full investigation into your case to make sure you are recompensed to the highest level possible.

Statute of Limitations for Crystal City, 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 time limit can lead to in sacrificing your right to get compensation.

How to File a Survival Action Claim in Crystal City, MO

Filing a survival action claim in Crystal City, 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 deceased loved one's estate is essential. This appointment can be established either according to their will or through a legal appointment.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is imperative to seek advice from a lawyer specializing in tort or wrongful death cases. They can guide you through the legal process, make certain compliance with the statute of limitations, and advocate for your rights in court. Most unintentional death and bodily harm lawyers provide free consultations, affording you no reason not to speak to an attorney before moving forward.
• File a complaint — The personal representative, with the help of an attorney, will initiate a lawsuit in a Missouri court. This document will set forth the facts of the case, name the individuals participating, and state the remedies sought after.

After filing your claim, your Burger Law Crystal City, 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 crucial component of a survival action claim in Crystal City, MO, and your attorney for survival action will help in identifying and obtaining the necessary evidence. This might entail:

• Medical records and bills to adequately detail the severity of the injury and the medical care procedures required
• Wage and employment records to clearly demonstrate lost earnings due to the injury
• Expert testimony, including testimonies from medical experts, to establish the root and severity of the harm
• Witnesses who can attest to the circumstances related to the injury

The Importance of Legal Representation

While it is feasible in theory to file a survival action claim without an legal representative, the complexities in law proceedings and procedural intricacies make it difficult if you lack legal expertise. An skilled attorney like those at Burger Law will offer precious direction, advocate for your rights, and increase your chances of a positive claim.

The optimal way to submit a lawsuit involving survival action in Crystal City, MO? Put your trust in Burger Law. We will secure a total financial recovery for the injuries and suffering your dear one experienced. Let us handle the legal facet of your case while you and your family concentrate on grieving and recovering.

Legal Representation for Crystal City, MO Survival Action Claims

Grieving the passing of someone you care about is constantly challenging, and it can be made even more challenging when trying to deal with legal complexities. Filing and winning in a claim for survival action requires a profound comprehension of the legal system, careful collection of evidence, months, and occasionally even years of your effort, and the capacity to effectively advocate in a courtroom. Given these challenges, it is crucial to search for professional legal aid to ensure that equity is administered.

Importance of Legal Representation

In claims for survival action, having legal counsel can make a significant difference. Lawyers focusing in personal injury and wrongful death law possess the understanding and experience to handle the complexities of these claims, assuring that the liable parties are made responsible and obtaining the highest financial recovery 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 helping our clients in navigating the difficult journey to justice. We understand the intricacies of survival action claims, and we bring our complete dedication to every legal matter we undertake. We firmly endorse in justice and the civil court system that empowers grieving family members to pursue justice. When you retain Burger Law's survival action lawyers in Crystal City, MO, we:

• Provide an extensive grasp of the law and the topmost level of legal advocacy
• Evaluate and develop your lawsuit with diligent analysis and well-thought-out planning
• Take care of all legal proceedings, negotiation, and court proceedings on your part
• Champion for your rights and interests in a courtroom
• Provide compassionate emotional support as you and your family navigate this trying time

Let Us Help You

If you believe you have a survival action claim in Crystal City, MO, reach out to Burger Law at (314) 500-HURT right away. We provide a free initial consultation to discuss your lawsuit, discuss your options and explain how we will fight for your family. You do not pay until we win your case. Let us assist you in seeking the justice that your cherished ones deserve. Contact us today to begin the process.

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

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

Survival action claims serve as a critical legal option to ensure justice when confronted with an untimely passing. With Burger Law's help, you and your Crystal City, MO family can seek the justice and full financial recovery that your family member was owed. Speak with an experienced Crystal City, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a no-cost consultation.