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Survival Action Lawyer in Florissant, MO
Survival action lawyer in Florissant, MO. If a loved one has gone to a better place after being injured due to someone else's carelessness, one can still pursue justice and a comprehensive financial recovery with Burger Law's Florissant, 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.
If a family member is hurt fatally since someone else violated the rules, we can request financial compensation for your heartache, loss of support and burial expenses in a wrongful death lawsuit. This action provides financial help to families for their relative's death. Nonetheless, in many cases, your loved one might have an existing injury claim, whether or not that injury resulted to their death or otherwise. Survival actions, governed by specific Missouri laws, allow injury claims to proceed even after the passing of your loved one. The intention behind survival claims is to ensure that the reckless party is held responsible for their actions, and that justice is accomplished, in spite of the death of your injured dear one.
Burger Law is a reputable Florissant, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our many years of fighting for justice, we have skillfully recovered over $200 million for our clients in Florissant and throughout Missouri. When faced with the unfortunate death of a family member, the last thing you might wish to contemplate is the legal process. Nevertheless, understanding your rights and the available mechanisms to obtain justice is undeniably crucial. If you have lost someone you love before their time, speak with a survival action lawyer in Florissant, MO today at (314) 500-HURT or contact us online for a no-cost consultation.
What Is a Survival Action in Florissant, 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 continue despite the death 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 initiate a survival action to recoup damages incurred from the date of the accident 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 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 given out according to their will or Missouri intestacy laws.
What Is the Difference Between Survival Action and Wrongful Death Claims in Florissant, MO?
Though survival actions and wrongful death claims in Florissant, MO could look similar, they are fundamentally different in terms of the damages they strive to recover.
- Survival actions aim 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 given 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 aim to compensate the family members of the deceased for their losses. This could include funeral and burial expenses, loss of monetary help, and loss of camaraderie and advice. Compensation is given directly to grieving family members.
In many cases, when an when an incident or injury leads to someone's death but the person does not pass away at the location, you can (and ought to) lodge a survival action and wrongful death claim concurrently. As knowledgeable Florissant, MO wrongful death and survival action lawyers, Burger Law can aid you in handling both cases to their conclusion.
Who Can File a Survival Action Claim in Florissant, MO?
Survival action claims in Florissant, MO are filed on behalf of your family member'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 individuals identified as the personal representative in your loved one's will
- In case the person or individuals designated are unfit for any reasons, should there is no personal representative specified in the will or if there is no will, then:
- The husband or wife
- An individual with a lawful claim to part of the estate that the court feels will "oversee and conserve" the estate well
- A person selected by the court
- A individual nominated by other people named in the will
Our Florissant, MO survival action attorneys can help you find out who is the personal representative in your relative's case, or designate yourself as the personal representative if the legalities and your situation allows it.
Damages Available in a Survival Action Claim in Florissant, MO
The compensation you can seek in a survival action case in Florissant, MO is similar to that of a personal injury case. Generally, your costs include:
- Medical expenses collected between the date of accident and your family member's death
- Lost wages or lowered earnings if your relative's injuries impacted their ability to provide for themselves and family before their death
- Destruction of property
- Pain and suffering and emotional distress caused by the injuries that your loved one experienced before death
How Much Is My Florissant, MO Survival Action Claim Worth?
The total value of your survival action claim in Florissant, MO is significantly contingent on the specific conditions surrounding your loved one's damages and death. Significant factors are:
- The amount of healthcare received
- The amount of money lost from not being able to engage in employment
- The duration your family member suffered from their injuries before they passed away
- Whether your loved one had a part in their injuries at all
- The insurance policy limits
One thing a survival action lawyer does is to fully compute the magnitude of your relative's damages and demand the full quantity in a settlement. At Burger Law, our Florissant, MO survival action and wrongful death lawyers perform a full inquiry into your case to ensure you are reimbursed to the maximum degree possible.
Statute of Limitations for Florissant, 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 move forward promptly, as missing the due date can result in in losing your ability to make a claim.
How to File a Survival Action Claim in Florissant, MO
Filing a survival action claim in Florissant, 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, naming 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 legal appointment.
- Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is crucial to consult a lawyer proficient in personal injury or wrongful death cases. They can lead you through the legal process, ensure compliance with the statute of limitations, and fight for your rights in court. Most accidental death and bodily harm lawyers provide free consultations, providing 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 complaint in a Missouri court. This court filing will detail the particulars of the case, name the parties participating, and particularize the compensation sought after.
Upon the submission of your claim, your Florissant, 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 essential factor of a survival action claim in Florissant, MO, and your survival action lawyer will aid in discovering and locating the essential evidence. This might include:
- Medical records and bills to adequately detail the severity of the damage and the healthcare procedures necessary
- Wage and employment records to clearly demonstrate lost earnings due to the injury
- Expert testimony, such testimonies from healthcare specialists, to establish the root and extent of the injury
- Witnesses who can confirm to the conditions surrounding the injury
The Importance of Legal Representation
While it is technically possible to initiate a claim for survival action without an attorney, the complexities in legal matters and procedural intricacies make it challenging if you lack legal training. An knowledgeable attorney like those at Burger Law will offer invaluable guidance, represent your interests, and boost your likelihood of a favorable outcome.
The most effective way to submit a claim for survival action in Florissant, MO? Put your trust in Burger Law. We are determined to secure a complete monetary recovery for the damages and anguish your beloved one experienced. Let us take care of the legal aspect of your case while you and your loved ones focus on grieving and healing.
Legal Representation for Florissant, MO Survival Action Claims
Grieving the departure of someone you hold dear about is constantly difficult, and it can be made even further difficult when trying to deal with legal complexities. Initiating and winning in a claim for survival action demands a profound grasp of the legal framework, meticulous accumulation of proof, months, and occasionally even years of your energy, and the capability to effectively argue in a courtroom. Taking into account these obstacles, it is vital to seek professional legal assistance to assure that fairness is served.
Importance of Legal Representation
In claims for survival action, possessing legal representation can make a substantial difference. Attorneys dedicating their practice in personal injury and wrongful death law carry the understanding and know-how to maneuver the intricacies of these claims, ensuring that the liable parties are held accountable and securing the optimal financial recovery for your loved ones. 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 attorney group specializing in personal injury and wrongful death cases, we are committed to assisting our individuals in maneuvering the difficult journey towards justice. We understand the details of survival action claims, and we bring our complete commitment to every legal matter we undertake. We strongly endorse in fairness and the legal system that enables mourning family members to pursue justice. When you retain Burger Law's survival action lawyers in Florissant, MO, we:
- Provide an extensive knowledge of the law and the topmost level of legal representation
- Evaluate and construct your legal matter with diligent examination and well-thought-out planning
- Take care of all legal processes, bargaining, and legal actions on your side
- Advocate for your rights and interests in a courtroom
- Provide empathetic emotional support as you and your family face this difficult time
Let Us Help You
If you think you have a survival action claim in Florissant, MO, contact Burger Law at (314) 500-HURT immediately. We provide a no-cost initial consultation to discuss your case, review your options and explain how we will battle for your family. You do not pay until we win your case. Allow us support you in seeking the justice that your beloved ones are entitled to. Contact us today to initiate the process.
Other types of cases we take on and win in Florissant, MO include:
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Speak to a Survival Action Lawyer in Florissant, MO Today
Survival action claims represent a critical legal option to secure justice when confronted with an untimely passing. With Burger Law's support, you and your Florissant, MO family can pursue the justice and total compensation that your loved one deserved. Contact an experienced Florissant, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a no-cost consultation.