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Survival Action Lawyer in Dexter, MO
Survival action lawyer in Dexter, MO. If a loved one passed away after being injured by someone else's negligence, one can still pursue justice and a comprehensive financial recovery with Burger Law's Dexter, MO survival action and wrongful death attorneys. Set up a free consultation today by dialing our number at (314) 500-HURT or completing our online contact form.
When a relative is tragically killed due to the fact that another person broke the rules, we can pursue a financial recovery for your heartache, financial support loss and funeral 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 may have an ongoing personal injury claim, no matter if that injury eventually led to their death or otherwise. Survival claims, governed by particular Missouri laws, allow injury claims to proceed even though the demise of your loved one. The purpose behind survival claims is to ensure that the careless party is held responsible for their actions, and that justice is accomplished, notwithstanding the death of your injured loved one.
Burger Law is a reputable Dexter, MO personal injury law firm that is dedicated to wrongful death and survival action claims. With our extensive experience of fighting for justice, we have efficiently recovered over $200 million for our clients in Dexter and throughout Missouri. When faced with the unfortunate loss of a family member, the last thing you might want to contemplate is the complexities of the legal system. Nevertheless, comprehending your rights and the available mechanisms to pursue justice is undoubtedly crucial. If you have lost someone you hold dear too soon, speak with a survival action lawyer in Dexter, MO today at (314) 500-HURT or contact us online for a complimentary consultation.
What Is a Survival Action in Dexter, 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 passing 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 later dies, their appointed representative can pursue 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 main objective 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 Dexter, MO?
While survival actions and wrongful death claims in Dexter, 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 claimed had they survived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is allotted to your relative's estate and then dispersed based on their will. You can seek additional damages in a survival action claim but not in a wrongful death claim.
- Wrongful death claims endeavor to reimburse the kin of the deceased for their sorrow. This might include funeral and burial expenses, lack of financial support, and loss of companionship and guidance. Compensation is provided directly to bereaved loved ones.
In many cases, when an when an event or injury leads to someone's death but the person does not pass away at the site, you might (and should) lodge a survival action and wrongful death claim concurrently. As knowledgeable Dexter, MO wrongful death and survival action attorneys, Burger Law can help you in navigating both cases to their conclusion.
Who Can File a Survival Action Claim in Dexter, MO?
Survival action claims in Dexter, 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 could include:
- A person or individuals named as the personal representative in your loved one's will
- If the person or people designated are ineligible for any reasons, if there is no personal representative named in the will or if there is no will, then:
- The partner
- An individual with a lawful claim to part of the estate that the court feels will "maintain and protect" the estate well
- A individual designated by the court
- A person nominated by other people named in the will
Our Dexter, MO survival action lawyers can help you identify who is the personal representative in your family member's case, or designate yourself as the personal representative if the legalities and your circumstance it.
Damages Available in a Survival Action Claim in Dexter, MO
The financial recovery you can make a claim for in a survival action case in Dexter, MO is equivalent to that of a personal injury case. Generally, your costs comprise:
- Healthcare expenses accumulated between the date of injuries and your family member's death
- Lost income or reduced wages if your family member's injuries altered their ability to provide for themselves and family before their death
- Property damage
- Pain and suffering and emotional distress caused by the injuries that your relative experienced before death
How Much Is My Dexter, MO Survival Action Claim Worth?
Calculating your survival claim damages in Dexter, MO is heavily dependent on the distinct situations surrounding your relative's injuries and death. Important factors include:
- The amount of medical treatment obtained
- The amount of money missed out on from not being able to work
- The period your loved one suffered from their injuries before they passed away
- Whether your relative had a part in their injuries at all
- The insurance policy limits
One thing a survival action lawyer does is to fully assess the extent of your loved one's damages and demand the full sum in a settlement. At Burger Law, our Dexter, MO survival action and wrongful death lawyers carry out a full examination into your case to make sure you are compensated to the highest level possible.
Statute of Limitations for Dexter, 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 vital to proceed promptly, as missing the deadline can lead to in sacrificing your ability to make a claim.
How to File a Survival Action Claim in Dexter, MO
Filing a survival action claim in Dexter, MO is a process that requires thorough 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 in accordance with their will or through a formal appointment.
- Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is imperative to talk to a lawyer proficient in personal injury or wrongful death cases. They can guide you through the legal process, make certain compliance with the statute of limitations, and fight for your rights in court. Most accidental death and physical injury lawyers give free consultations, providing you no reason not to talk to an attorney before taking further action.
- File a complaint — The personal representative, with the help of an attorney, will initiate a legal claim in a Missouri court. This will set forth the details of the matter, name the individuals participating, and state the reparation desired.
Once your claim is filed, your Burger Law Dexter, 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 essential factor of a claim for survival action in Dexter, MO, and your attorney for survival action will support in pinpointing and finding the required evidence. This might entail:
- Medical records and bills to comprehensively document the scope of the injury and the medical care procedures needed
- Wage and employment records to clearly demonstrate lost earnings due to the injury
- Expert testimony, including testimonies from healthcare specialists, to verify the reason and degree of the harm
- Witnesses who can verify to the circumstances related to the injury
The Importance of Legal Representation
While it is feasible in theory to submit a claim for survival action without an legal representative, the complications in legal matters and procedural complexities make it challenging if you lack legal training. An knowledgeable attorney like those at Burger Law will give significant direction, advocate for your rights, and boost your chances of a positive outcome.
The best way to file a claim for survival action in Dexter, MO? Hire Burger Law. We are determined to obtain a complete monetary recovery for the damages and pain your cherished one experienced. Let us handle the legal dimension of your legal matter while you and your loved ones concentrate on grieving and recovering.
Legal Representation for Dexter, MO Survival Action Claims
Grieving the passing of a person you love about is constantly demanding, and it can be made even further challenging when attempting to deal with legal complexities. Initiating and winning in a claim for survival action demands a thorough understanding of the legal framework, diligent gathering of evidence, months, and occasionally even years of your effort, and the ability to successfully plead in a courtroom. Considering these challenges, it is vital to search for specialized legal assistance to guarantee that justice is administered.
Importance of Legal Representation
In lawsuits involving survival action, retaining an attorney can make a substantial difference. Lawyers specializing in personal injury and wrongful death law possess the understanding and experience to maneuver the nuances of these claims, ensuring that the liable parties are held responsible and achieving the highest financial recovery for your loved ones. Our survival action attorneys understand the Missouri legal system fully 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 devoted to helping our customers in dealing with the difficult journey towards justice. We understand the intricacies of survival action claims, and we employ our entire resolve to every lawsuit we undertake. We adamantly believe in fairness and the civil court system that enables mourning family members to pursue justice. When you retain Burger Law's survival action lawyers in Dexter, MO, we:
- Provide a thorough understanding of the law and the highest level of legal advocacy
- Evaluate and construct your legal matter with diligent examination and systematic planning
- Handle all legal proceedings, discussion, and legal actions on your side
- Champion for your rights and interests in the court system
- Provide empathetic emotional support as you and your family navigate this challenging time
Let Us Help You
If you think you have a survival action claim in Dexter, MO, reach out to Burger Law at (314) 500-HURT now. We offer a complimentary first consultation to talk about your case, explore 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 support you in seeking the justice that your beloved ones deserve. Contact us today to begin the process.
Other types of cases we take on and win in Dexter, MO include:
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Speak to a Survival Action Lawyer in Dexter, MO Today
Survival action claims serve as a critical legal avenue to ensure justice amidst an untimely death. With Burger Law's help, you and your Dexter, MO family can obtain the justice and total compensation that your loved one deserved. Speak with an experienced Dexter, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary consultation.