Survival Action Lawyer in Dixon, MO

Survival action lawyer in Dixon, MO. If someone you love passed away after being injured due to someone else's negligence, you can still pursue justice and a comprehensive financial recovery with Burger Law's Dixon, 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.

If a loved one is hurt fatally because another person broke the rules, we may pursue a financial recovery for your grief, loss of support and burial expenses in a wrongful death lawsuit. Such action gives compensation to families for their family member's death. Nonetheless, in many cases, your relative may have an pre-existing claim for injury, whether or not this injury resulted to their death or otherwise. Survival actions, guided by particular Missouri laws, let injury claims to continue even though the death of your family member. The purpose behind survival claims is to ensure that the careless party is held accountable for their actions, and that justice is accomplished, notwithstanding the death of your hurt loved one.

Burger Law is a well-known Dixon, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our many years of fighting for justice, we have successfully recovered over $200 million for our clients in Dixon and throughout Missouri. When faced with the tragic loss of a loved one, the last thing you might want to think about is the legal process. Nevertheless, comprehending your rights and the available mechanisms to obtain justice is certainly crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in Dixon, MO today at (314) 500-HURT or contact us online for a cost-free consultation.

What Is a Survival Action in Dixon, MO?

Missouri Revised Statutes §537.020 outlines the state's statute on survival actions. According to this statute, all causes of action – reasons to bring a lawsuit – except those for defamation and malicious prosecution, shall endure 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 later dies, their legal representative can commence a survival action to recoup damages incurred from the time of injury until their loved one's death. This remains true regardless of whether the injury directly caused their death or not.

The chief intention 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 distributed according to their will or Missouri intestacy laws.

What Is the Difference Between Survival Action and Wrongful Death Claims in Dixon, MO?

Even though survival actions and wrongful death claims in Dixon, MO may appear similar, they are fundamentally distinct in terms of the restitution they seek to recover.

• Survival actions strive to recover the damages that the deceased could have sought had they survived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is awarded to your deceased's estate and then dispersed 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 compensate the loved ones of the deceased for their loss. This might include funeral costs and burial fees, loss of monetary help, and loss of companionship and counsel. Compensation is given directly to grieving relatives.

In many cases, when an when an event or injury results in someone's death but the person does not pass away at the place, you can (and should) submit a survival action and wrongful death claim simultaneously. As knowledgeable Dixon, MO wrongful death and survival action counselors, Burger Law can aid you in overseeing both cases to their .

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

Survival action claims in Dixon, 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:

• An individual or persons named as the personal representative in your deceased's will
• Should the individual or persons designated are disqualified for any reasons, should there is no personal representative mentioned in the will or if there is no will, then:
  • The partner
  • A person with a legal right to part of the estate that the court believes will "manage and preserve" the estate well
  • A person chosen by the court
  • A individual nominated by other individuals named in the will

Our Dixon, MO survival action lawyers can help you discover who is the personal representative in your family member's case, or set up yourself as the personal representative if the law and your situation it.

Damages Available in a Survival Action Claim in Dixon, MO

The compensation you can pursue in a survival action case in Dixon, MO is comparable to that of a personal injury case. Typically, your expenses incorporate:

• Medical bills gathered between the date of injuries and your family member's death
• Lost wages or decreased income if your relative's injuries influenced their ability to generate income before their death
• Loss of property
• Pain and suffering and psychological trauma caused by the accident that your deceased experienced before death

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

The total value of your survival action claim in Dixon, MO is heavily reliant on the specific circumstances surrounding your loved one's injuries and death. Significant factors are:

• The amount of healthcare received
• 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 away
• Should your relative had a part in their injuries in any way
• The insurance policy limits

Part of a survival action lawyer's job is to completely calculate the scope of your family member's damages and demand the full amount in a financial recovery. At Burger Law, our Dixon, MO survival action and wrongful death attorneys conduct a full investigation into your case to assure you are paid to the fullest extent possible.

Statute of Limitations for Dixon, 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 take action promptly, as missing the due date can lead to in sacrificing your ability to make a claim.

How to File a Survival Action Claim in Dixon, MO

Filing a survival action claim in Dixon, 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, naming a personal representative for your late loved one's estate is essential. This appointment can be established either as per 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 consult a lawyer expertise in personal injury or wrongful death cases. They can guide you through the legal process, ensure compliance with the statute of limitations, and defend for your rights in court. Most unintentional death and personal injury lawyers provide free consultations, giving you no reason to not discuss to an attorney before taking further action.
• File a complaint — The personal representative, with the assistance of legal counsel, will initiate a lawsuit in a Missouri court. This will lay out the facts of the matter, identify the parties engaged, and enumerate the remedies requested.

Once your claim is filed, your Burger Law Dixon, 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 key component of a survival action claim in Dixon, MO, and your attorney for survival action will assist in recognizing and obtaining the needed evidence. This could involve:

• Medical records and bills to thoroughly record the extent of the injury and the medical care treatments required
• Wage and employment records to conclusively show lost earnings due to the injury
• Expert testimony, such as testimonies from healthcare specialists, to verify the reason and extent of the injury
• Witnesses who can attest to the conditions related to the accident

The Importance of Legal Representation

While it is theoretically achievable to submit a claim for survival action without an legal representative, the intricacies in law proceedings and procedural intricacies make it difficult if you don't have legal training. An knowledgeable lawyer like those at Burger Law will offer invaluable assistance, advocate for your rights, and improve your likelihood of a positive claim.

The best way to submit a claim for survival action in Dixon, MO? Hire Burger Law. We will obtain a complete financial compensation for the damages and suffering your beloved one endured. Let us manage the legal facet of your lawsuit while you and your loved ones concentrate on grieving and recovering.

Legal Representation for Dixon, MO Survival Action Claims

Grieving the departure of someone you hold dear about is continuously challenging, and it can be made even more trying when attempting to navigate legal complexities. Submitting and winning in a survival action claim necessitates a deep comprehension of the legal system, careful collection of evidence, weeks, and at times even years of your energy, and the capacity to efficiently argue in a courtroom. Taking into account these difficulties, it is imperative to look for professional legal assistance to guarantee that equity is administered.

Importance of Legal Representation

In survival action claims, retaining legal counsel can make a substantial difference. Lawyers focusing in personal injury and wrongful death law possess the understanding and know-how to navigate the intricacies of these claims, guaranteeing that the liable parties are made accountable and achieving the optimal 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 devoted to supporting our individuals in maneuvering the difficult path to justice. We understand the details of survival action claims, and we utilize our entire resolve to every legal matter we take on. We adamantly endorse in fairness and the legal system that empowers mourning relatives to pursue justice. When you retain Burger Law's survival action lawyers in Dixon, MO, we:

• Provide an extensive understanding of the law and the utmost level of legal counsel
• Evaluate and construct your lawsuit with diligent analysis and well-thought-out planning
• Take care of all legal proceedings, bargaining, and litigation on your side
• Fight for your rights and interests in the court system
• Provide compassionate emotional support as you and your family navigate this difficult time

Let Us Help You

If you think you have a survival action claim in Dixon, MO, reach out to Burger Law at (314) 500-HURT right away. We provide a no-cost initial consultation to discuss your legal matter, discuss your options and detail how we are determined to battle for your loved ones. You do not pay until we win your case. Allow us support you in going after the justice that your cherished ones merit. Contact us today to begin the process.

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

Survival action claims represent a essential legal option to guarantee justice when confronted with an untimely death. With Burger Law's assistance, you and your Dixon, MO family can obtain the justice and maximum financial recovery that your loved one deserved. Reach out to an experienced Dixon, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.