Survival Action Lawyer in De Soto, MO

Survival action lawyer in De Soto, MO. If someone you love has gone to a better place after getting injured because of someone else's carelessness, one can still pursue justice and a full financial recovery with Burger Law's De Soto, 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 killed due to the fact that someone else broke the rules, we can strive for a financial recovery for your sorrow, financial support loss and burial expenses in a wrongful death lawsuit. This provides financial help to families for their family member's death. Yet, in many cases, your family member might have an ongoing claim for injury, regardless of whether that injury was their cause of death or not. Survival actions, governed by specific Missouri laws, let personal injury claims to proceed after the passing of your dear one. The intention behind survival claims is to guarantee that the reckless party is held accountable for their actions, and that justice is achieved, despite the death of your injured family member.

Burger Law is a respected De Soto, MO personal injury law firm that specializes in wrongful death and survival action claims. With our 30 of fighting for justice, we have effectively recovered over $200 million for our clients in De Soto and throughout Missouri. When faced with the tragic loss of a loved one, the last thing you might want to think about 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 hold dear unexpectedly, speak with a survival action lawyer in De Soto, MO today at (314) 500-HURT or contact us online for a cost-free consultation.

What Is a Survival Action in De Soto, 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 continue 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 recklessness of another and later dies, their legal representative can commence 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 objective 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 De Soto, MO?

Although survival actions and wrongful death claims in De Soto, MO might seem alike, they are fundamentally distinct in terms of the restitution they aim to recover.

• Survival actions aim to recover the damages that the deceased could have recovered had they survived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is awarded to your loved one's estate and then allocated based on their will. You can seek additional damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims aim to reimburse the loved ones of the deceased for their grief. This could include funeral costs and burial fees, loss of economic support, and loss of camaraderie and advice. Compensation is awarded directly to bereaved loved ones.

In many cases, when an when an incident or injury results in someone's death but the person does not die at the place, you may (and should) lodge a survival action and wrongful death claim concurrently. As experienced De Soto, MO wrongful death and survival action lawyers, Burger Law can assist you in managing both cases to their .

Who Can File a Survival Action Claim in De Soto, MO?

Survival action claims in De Soto, 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 might include:

• An individual or individuals specified as the personal representative in your loved one's will
• In case the individual or persons designated are ineligible for any reasons, when there is no personal representative mentioned in the will or if there is no will, then:
  • The husband or wife
  • An individual with a legal right to part of the estate that the court believes will "maintain and protect" the estate well
  • A individual selected by the court
  • A person nominated by other individuals named in the will

Our De Soto, MO survival action attorneys can help you identify who is the personal representative in your family member's case, or appoint yourself as the personal representative if the legislation and your situation allows it.

Damages Available in a Survival Action Claim in De Soto, MO

The financial recovery you can pursue in a survival action case in De Soto, MO is akin to that of a personal injury case. Ordinarily, your expenses incorporate:

• Healthcare expenses collected between the date of injuries and your family member's death
• Lost pay or reduced wages if your family member's injuries altered their ability to provide for themselves and family before their death
• Damage to property
• Pain and suffering and emotional distress caused by the injuries that your loved one experienced before death

How Much Is My De Soto, MO Survival Action Claim Worth?

The total value of your survival action claim in De Soto, MO is heavily contingent on the specific scenarios surrounding your loved one's damages and death. Crucial factors include:

• The extent of medical treatment obtained
• The amount of money missed out on from not being able to work
• The length of time your relative suffered from their injuries before they passed
• If 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 fully determine the range of your relative's damages and demand the full amount in a settlement. At Burger Law, our De Soto, MO survival action and wrongful death lawyers carry out a full investigation into your case to guarantee you are reimbursed to the maximum degree possible.

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

How to File a Survival Action Claim in De Soto, MO

Filing a survival action claim in De Soto, MO is a process that requires careful 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 late loved one's estate is essential. This appointment can be established either according to their will or through a formal appointment.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is crucial to consult a lawyer expertise in personal injury or wrongful death cases. They can assist you through the legal process, make certain compliance with the statute of limitations, and fight for your rights in court. Most wrongful death and personal injury lawyers provide free consultations, giving you no reason never to speak 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 document will lay out the details of the matter, name the parties participating, and particularize the compensation requested.

After filing your claim, your Burger Law De Soto, 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 essential component of a lawsuit involving survival action in De Soto, MO, and your survival action lawyer will assist in pinpointing and locating the required evidence. This could involve:

• Medical records and bills to adequately detail the extent of the damage and the healthcare treatments necessary
• Wage and employment records to conclusively show lost earnings due to the injury
• Expert testimony, including statements by medical professionals, to verify the root and severity of the injury
• Witnesses who can verify to the conditions related to the injury

The Importance of Legal Representation

While it is feasible in theory to submit a lawsuit involving survival action without an attorney, the complications in legal affairs and procedural intricacies make it difficult if you lack legal training. An knowledgeable lawyer like those at Burger Law will provide significant assistance, defend your interests, and increase your chances of a successful outcome.

The best way to submit a lawsuit involving survival action in De Soto, MO? Rely on Burger Law. We will secure a total monetary recovery for the injuries and suffering your cherished one endured. Let us take care of the legal dimension of your case while you and your loved ones focus on mourning and recovering.

Legal Representation for De Soto, MO Survival Action Claims

Grieving the loss of a person you love about is always demanding, and it can be made even more trying when attempting to navigate complex legal matters. Filing and winning in a lawsuit involving survival action necessitates a thorough comprehension of the law, meticulous accumulation of proof, weeks, and at times even years of your energy, and the capability to successfully plead in court. Given these difficulties, it is vital to seek expert legal support to make sure that justice is served.

Importance of Legal Representation

In claims for survival action, having an attorney can make a significant difference. Attorneys specializing in personal injury and wrongful death law possess the expertise and proficiency to maneuver the intricacies of these claims, assuring that the liable parties are made accountable and obtaining the highest compensation for your family. 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 law firm specializing in personal injury and wrongful death cases, we are committed to supporting our customers in dealing with the challenging 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 advocate in equity and the civil court system that empowers mourning kin to pursue justice. When you hire Burger Law's survival action lawyers in De Soto, MO, we:

• Provide an extensive knowledge of the law and the topmost level of legal representation
• Evaluate and build your legal matter with meticulous examination and strategic planning
• Handle all legal procedures, discussion, and litigation on your part
• Champion for your rights and interests in court
• Provide compassionate emotional support as you and your family deal with this difficult time

Let Us Help You

If you think you have a survival action claim in De Soto, MO, call Burger Law at (314) 500-HURT immediately. We offer a free first consultation to talk about your legal matter, discuss your options and explain how we are determined to fight for your loved ones. You do not pay until we win your case. Allow us help you in going after the justice that your dear ones deserve. Contact us today to initiate the process.

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

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

Survival action claims serve as a critical legal option to guarantee justice amidst an untimely death. With Burger Law's help, you and your De Soto, MO family can seek the justice and maximum compensation that your family member deserved. Contact an experienced De Soto, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a free consultation.