Survival Action Lawyer in Hannibal, MO

Survival action lawyer in Hannibal, MO. If a family member has left us after getting injured by someone else's negligence, you can still pursue justice and a full financial recovery with Burger Law's Hannibal, MO survival action and wrongful death attorneys. Set up a free consultation today by getting in touch at (314) 500-HURT or completing our online contact form.

In the event that a family member is fatally injured since another person didn't follow the rules, we can seek financial compensation for your heartache, loss of support and burial costs in a wrongful death lawsuit. Such action gives compensation to families for their dear one's death. Yet, in many cases, your dear one may have an ongoing claim for injury, regardless of whether this injury was their cause of death or not. Survival claims, guided by particular Missouri laws, allow injury claims to proceed even though the death of your relative. The intention behind survival actions is to guarantee that the negligent party is held accountable for their actions, and that justice is accomplished, notwithstanding the death of your hurt family member.

Burger Law is a renowned Hannibal, MO personal injury law firm that is dedicated to 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 Hannibal and throughout Missouri. When faced with the devastating death of a family member, 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 certainly crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in Hannibal, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Hannibal, MO?

Missouri Revised Statutes §537.020 outlines the state's statute on survival actions. According to this statute, all causes of action – reasons to file a lawsuit – except those for defamation and malicious prosecution, shall persist 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 initiate 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 primary 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 given out according to their will or Missouri intestacy laws.

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

While survival actions and wrongful death claims in Hannibal, MO seem to be alike, they are essentially different in terms of the losses they seek to recover.

• Survival actions strive to recover the damages that the deceased could have recovered 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 loved one's estate and then dispersed based on their will. You can seek exemplary damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims aim to recompense the loved ones of the deceased for their grief. This may include funeral and burial expenses, lack of financial support, and loss of companionship and guidance. Compensation is given directly to mourning family members.

In many cases, when an when an incident or injury results in someone's death but the person does not die at the site, you may (and should) file a survival action and wrongful death claim concurrently. As experienced Hannibal, MO wrongful death and survival action counselors, Burger Law can aid you in handling both cases to their completion.

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

Survival action claims in Hannibal, MO are submitted 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:

• A person or persons named as the personal representative in your deceased's will
• In case the person or people designated are disqualified for any reasons, if there is no personal representative specified in the will or if there is no will, then:
  • The spouse
  • An individual with a legal entitlement to part of the estate that the court considers will "oversee and conserve" the estate well
  • A person designated by the court
  • A person nominated by other people named in the will

Our Hannibal, MO survival action lawyers can help you discover who is the personal representative in your family member's case, or appoint yourself as the personal representative if the legislation and your situation permits it.

Damages Available in a Survival Action Claim in Hannibal, MO

The financial recovery you can seek in a survival action case in Hannibal, MO is akin to that of a personal injury case. Generally, your costs encompass:

• Medical costs collected between the date of injuries and your family member's death
• Lost pay or decreased income if your family member's injuries influenced their ability to provide for themselves and family before their death
• Loss of property
• Pain and suffering and emotional distress caused by the injuries that your loved one experienced before death

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

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

• The amount of medical attention received
• The amount of money missed out on from not being able to engage in employment
• The length of time your loved one suffered from their injuries before they departed
• If your family member added to their injuries at all
• The sum of insurance coverage available

One thing a survival action lawyer does is to completely calculate the range of your loved one's damages and demand the full amount in compensation. At Burger Law, our Hannibal, MO survival action and wrongful death attorneys conduct a full investigation into your case to guarantee you are reimbursed to the fullest extent possible.

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

How to File a Survival Action Claim in Hannibal, MO

Filing a survival action claim in Hannibal, MO is a process that requires meticulous 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 late loved one's estate is essential. This appointment can be established either in accordance with their will or through a legal appointment.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is crucial to talk to a lawyer expertise in personal injury or wrongful death cases. They can assist you through the legal process, guarantee compliance with the statute of limitations, and fight for your rights in court. Most wrongful death and physical injury lawyers give free consultations, giving you no reason to not discuss to an attorney before moving forward.
• File a complaint — The personal representative, with the help of an attorney, will initiate a legal claim in a Missouri court. This will detail the particulars of the case, name the parties participating, and particularize the reparation sought after.

Upon the submission of your claim, your Hannibal, 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 crucial component of a survival action claim in Hannibal, MO, and your attorney for survival action will aid in discovering and finding the required evidence. This could involve:

• Medical records and bills to comprehensively document the severity of the injury and the medical care treatments required
• Wage and employment records to conclusively show income loss due to the harm
• Expert testimony, such as testimonies from medical experts, to establish the reason and extent of the harm
• Witnesses who can corroborate to the circumstances related to the injury

The Importance of Legal Representation

While it is technically possible to initiate a survival action claim without an legal representative, the intricacies in legal affairs and procedural complexities make it demanding if you don't have legal expertise. An experienced lawyer like those at Burger Law will provide priceless assistance, advocate for your claims, and enhance your likelihood of a successful claim.

The best way to submit a lawsuit involving survival action in Hannibal, MO? Hire Burger Law. We will obtain a full monetary recovery for the injuries and suffering your cherished one endured. Let us manage the legal aspect of your lawsuit while you and your loved ones focus on mourning and recovering.

Legal Representation for Hannibal, MO Survival Action Claims

Grieving the passing of a person you care about is constantly difficult, and it can be made even more difficult when endeavoring to navigate legal intricacies. Submitting and winning in a lawsuit involving survival action necessitates a profound comprehension of the legal system, diligent accumulation of proof, months, and occasionally even years of your energy, and the capacity to efficiently plead in court. Considering these challenges, it is imperative to search for professional legal aid to ensure that justice is administered.

Importance of Legal Representation

In lawsuits involving survival action, having legal representation can make a considerable difference. Attorneys specializing in personal injury and wrongful death law possess the knowledge and experience to navigate the complexities of these claims, assuring that the liable parties are made accountable and obtaining the highest financial recovery for your family. Our lawyers for survival action understand the Missouri legal system fully 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 maneuvering the challenging path towards justice. We understand the complexities of survival action claims, and we employ our complete resolve to every legal matter we handle. We adamantly believe in equity and the civil court system that enables bereaved family members to pursue justice. When you retain Burger Law's survival action lawyers in Hannibal, MO, we:

• Provide a comprehensive understanding of the law and the utmost level of legal counsel
• Evaluate and build your legal matter with diligent analysis and strategic planning
• Handle all legal proceedings, discussion, and court proceedings on your behalf
• Fight for your rights and interests in a courtroom
• Provide sympathetic emotional support as you and your family deal with this trying time

Let Us Help You

If you believe you have a survival action claim in Hannibal, MO, reach out to Burger Law at (314) 500-HURT immediately. We offer a complimentary first consultation to talk about your legal matter, review your options and elaborate on how we will battle for your family. You do not pay until we win your case. Let us support you in going after the justice that your beloved ones deserve. Contact us today to initiate the process.

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

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

Survival action claims constitute a vital legal recourse to ensure justice in the face of an untimely passing. With Burger Law's support, you and your Hannibal, MO family can obtain the justice and complete financial recovery that your family member deserved. Contact an experienced Hannibal, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.