Survival Action Lawyer in Franklin County, MO

Survival action lawyer in Franklin County, MO. If a loved one has left us after being injured by someone else's negligence, you can still pursue justice and a full financial recovery with Burger Law's Franklin County, MO survival action and wrongful death attorneys. Set up a free consultation today by dialing our number at (314) 500-HURT or filling out our online contact form.

When a loved one is hurt fatally since someone else violated the rules, we can request a financial recovery for your sorrow, loss of support and burial expenses in a wrongful death lawsuit. Such action compensates families for their dear one's death. However, in many cases, your dear one may have an pre-existing injury claim, whether or not this injury led to their death or not. Survival claims, guided by particular Missouri laws, permit personal injury claims to continue despite the passing of your dear one. The purpose behind survival claims is to ensure that the reckless party is held responsible for their actions, and that justice is obtained, regardless of the death of your wounded relative.

Burger Law is a renowned Franklin County, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our 30 of fighting for justice, we have efficiently recovered over $200 million for our clients in Franklin County 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 undoubtedly crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in Franklin County, MO today at (314) 500-HURT or contact us online for a cost-free consultation.

What Is a Survival Action in Franklin County, 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 eligible for damages or liable to the cause of action. Put simply, if a person sustains an injury due to the recklessness of another and subsequently passes away, their legal representative can pursue a survival action to recoup damages incurred from the time of injury until their loved one's demise. This holds true regardless of whether the injury directly caused their death or not.

The principal intention behind survival actions is to ensure that justice is served. If an injured person is unable to pursue 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 Franklin County, MO?

Though survival actions and wrongful death claims in Franklin County, MO might seem alike, they are intrinsically different in terms of the damages they aim to recover.

• Survival actions strive 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 deceased's estate and then dispersed based on their will. You can seek punitive damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims endeavor to reimburse the family members of the deceased for their sorrow. This could include funeral and burial expenses, loss of economic support, and loss of companionship and guidance. Compensation is provided directly to mourning relatives.

In many cases, when an when an event or injury leads to someone's death but the person does not die at the site, you might (and ought to) present a survival action and wrongful death claim at the same time. As seasoned Franklin County, MO wrongful death and survival action lawyers, Burger Law can assist you in overseeing both cases to their conclusion.

Who Can File a Survival Action Claim in Franklin County, MO?

Survival action claims in Franklin County, 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 may include:

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

Our Franklin County, 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 legalities and your circumstance allows it.

Damages Available in a Survival Action Claim in Franklin County, MO

The compensation you can pursue in a survival action case in Franklin County, MO is similar to that of a personal injury case. Ordinarily, your costs incorporate:

• Medical costs accumulated between the date of accident and your relative's death
• Lost pay or lowered earnings if your family member's injuries affected their ability to generate income before their death
• Loss of property
• Pain and suffering and psychological trauma caused by the accident that your relative experienced before death

How Much Is My Franklin County, MO Survival Action Claim Worth?

The total value of your survival action claim in Franklin County, MO is greatly dependent on the distinct situations surrounding your relative's damages and death. Crucial factors involve:

• The extent of healthcare received
• The amount of money lost from not being able to perform job functions
• The duration your relative suffered from their injuries before they passed away
• Should 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 calculate the scope of your loved one's damages and demand the full quantity in compensation. At Burger Law, our Franklin County, MO survival action and wrongful death lawyers perform a full inquiry into your case to assure you are paid to the maximum degree possible.

Statute of Limitations for Franklin County, 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 act 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 Franklin County, MO

Filing a survival action claim in Franklin County, MO is a process that requires thorough 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, choosing 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 court 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, ensure compliance with the statute of limitations, and defend for your rights in court. Most wrongful death and physical injury lawyers offer free consultations, affording you no reason to not speak to an attorney before moving forward.
• File a complaint — The personal representative, with the help of an attorney, will commence a legal claim in a Missouri court. This will detail the details of the lawsuit, name the parties involved, and enumerate the reparation desired.

Once your claim is filed, your Burger Law Franklin County, 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 component of a claim for survival action in Franklin County, MO, and your survival action lawyer will assist in pinpointing and obtaining the needed evidence. This could involve:

• Medical records and bills to adequately detail the extent of the injury and the healthcare treatments required
• Wage and employment records to clearly demonstrate income loss due to the harm
• Expert testimony, including statements by medical professionals, to verify the reason and severity of the harm
• Witnesses who can confirm to the conditions related to the accident

The Importance of Legal Representation

While it is technically possible to submit a lawsuit involving survival action without an attorney, the intricacies in legal affairs and procedural complexities make it difficult if you do not possess legal training. An seasoned lawyer like those at Burger Law will give significant direction, represent your claims, and improve your chances of a successful outcome.

The optimal way to file a claim for survival action in Franklin County, MO? Put your trust in Burger Law. We are determined to obtain a full monetary compensation for the damages and suffering your cherished one went through. Let us handle the legal dimension of your legal matter while you and your family focus on grieving and recovering.

Legal Representation for Franklin County, MO Survival Action Claims

Grieving the passing of an individual you love about is continuously challenging, and it can be made even further difficult when endeavoring to navigate legal complexities. Filing and winning in a claim for survival action necessitates a profound grasp of the legal framework, diligent gathering of supporting documents, months, and sometimes even years of your time, and the capacity to efficiently advocate in a courtroom. Given these obstacles, it is vital to search for specialized legal assistance to assure that fairness is administered.

Importance of Legal Representation

In lawsuits involving survival action, retaining legal representation can make a significant difference. Attorneys dedicating their practice in personal injury and wrongful death law carry the expertise and experience to navigate the complexities of these claims, ensuring that the liable parties are held responsible and achieving the maximum financial recovery 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 attorney group dedicated to personal injury and wrongful death cases, we are committed to assisting our customers in maneuvering the demanding path to justice. We understand the details of survival action claims, and we employ our complete dedication to every case we take on. We strongly believe in fairness and the judicial system that enables grieving relatives to seek justice. When you retain Burger Law's survival action lawyers in Franklin County, MO, we:

• Provide an extensive knowledge of the law and the topmost level of legal representation
• Evaluate and build your lawsuit with meticulous assessment and well-thought-out planning
• Manage all legal procedures, bargaining, and court proceedings on your part
• Champion 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 believe you have a survival action claim in Franklin County, MO, contact Burger Law at (314) 500-HURT immediately. We provide a complimentary initial consultation to talk about your legal matter, explore your options and elaborate on how we will battle for your loved ones. You do not pay until we win your case. Allow us help you in going after the justice that your cherished ones are entitled to. Contact us today to begin the process.

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

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

Survival action claims serve as a essential legal avenue to secure justice amidst an untimely passing. With Burger Law's support, you and your Franklin County, MO family can seek the justice and maximum compensation that your family member deserved. Speak with an experienced Franklin County, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a no-cost consultation.