Survival Action Lawyer in Herculaneum, MO

Survival action lawyer in Herculaneum, MO. If a family member has left us after being injured because of someone else's carelessness, you can still seek justice and a comprehensive financial compensation with Burger Law's Herculaneum, MO survival action and wrongful death attorneys. Set up a free consultation today by getting in touch at (314) 500-HURT or filling out our online contact form.

In the event that a dearly beloved is killed because another person broke the rules, we may pursue compensation for your grief, financial support loss and funeral costs in a wrongful death lawsuit. This reimburses families for their relative's death. Yet, in many cases, your relative may have an existing injury claim, whether or not that injury was their cause of death or not. Survival claims, guided by particular Missouri laws, let personal injury claims to continue even after the demise of your family member. The intent behind survival actions is to guarantee that the reckless party is held responsible for their actions, and that justice is achieved, regardless of the death of your wounded family member.

Burger Law is a well-known Herculaneum, MO personal injury law firm that specializes in 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 Herculaneum and throughout Missouri. When faced with the tragic loss of a loved one, the last thing you might wish to contemplate is the legal process. Nevertheless, understanding your rights and the available mechanisms to seek justice is certainly crucial. If you have lost someone you love prematurely, speak with a survival action lawyer in Herculaneum, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Herculaneum, 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 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 carelessness of another and later dies, their personal representative can commence a survival action to recoup damages incurred from the date of the accident until their loved one's death. This holds 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, 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 Herculaneum, MO?

Though survival actions and wrongful death claims in Herculaneum, MO could look similar, they are fundamentally different in terms of the restitution they seek to recover.

• Survival actions strive to recover the damages that the deceased could have sought had they lived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is awarded to your loved one's estate and then distributed 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 loved ones of the deceased for their loss. This might include funeral and burial expenses, loss of monetary help, and loss of companionship and guidance. Compensation is awarded directly to mourning family members.

In many cases, when an when an accident or injury leads to someone's death but the person does not pass away at the place, you might (and should) file a survival action and wrongful death claim at the same time. As skilled Herculaneum, MO wrongful death and survival action attorneys, Burger Law can help you in navigating both cases to their completion.

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

Survival action claims in Herculaneum, MO are initiated 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 might include:

• A person or individuals identified as the personal representative in your loved one's will
• In case the person or persons designated are disqualified for any reasons, in case there is no personal representative identified in the will or if there is no will, then:
  • The partner
  • Someone with a legal entitlement to part of the estate that the court believes will "manage and preserve" the estate well
  • A person designated by the court
  • A person nominated by other persons named in the will

Our Herculaneum, MO survival action lawyers can help you find out who is the personal representative in your family member's case, or set up yourself as the personal representative if the law and your circumstance permits it.

Damages Available in a Survival Action Claim in Herculaneum, MO

The compensation you can make a claim for in a survival action case in Herculaneum, MO is similar to that of a personal injury case. Generally, your losses encompass:

• Medical expenses accrued between the date of injuries and your relative's death
• Lost wages or decreased income if your relative's injuries altered their ability to earn a living before their death
• Loss of property
• Pain and suffering and mental anguish caused by the injuries that your relative experienced before death

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

The total value of your survival action claim in Herculaneum, MO is largely contingent on the individual situations surrounding your loved one's damages and death. Crucial factors are:

• The amount of medical treatment received
• The amount of money lost from not being able to perform job functions
• The duration your loved one suffered from their injuries before they passed away
• If your family member had a part in their injuries in any way
• The amount of insurance coverage available

One thing a survival action lawyer does is to entirely calculate the extent of your loved one's damages and demand the full quantity in compensation. At Burger Law, our Herculaneum, MO survival action and wrongful death lawyers execute a full investigation into your case to assure you are reimbursed to the maximum degree possible.

Statute of Limitations for Herculaneum, 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 result in in losing your ability to make a claim.

How to File a Survival Action Claim in Herculaneum, MO

Filing a survival action claim in Herculaneum, 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 departed 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 consult a lawyer specializing in tort or wrongful death cases. They can guide you through the legal process, guarantee 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 to not speak to an attorney before moving forward.
• File a complaint — The personal representative, with the assistance of legal counsel, will commence a lawsuit in a Missouri court. This document will detail the details of the case, specify the individuals engaged, and state the compensation sought after.

Upon the submission of your claim, your Herculaneum, 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 key component of a survival action claim in Herculaneum, MO, and your attorney for survival action will assist in pinpointing and finding the necessary evidence. This could involve:

• Medical records and bills to thoroughly record the extent of the damage and the healthcare treatments necessary
• Wage and employment records to conclusively show lost earnings due to the injury
• Expert testimony, such as testimonies from medical experts, to establish the root and extent of the harm
• Witnesses who can confirm to the conditions related to the accident

The Importance of Legal Representation

While it is feasible in theory to submit a claim for survival action without an attorney, the complexities in legal matters and procedural intricacies make it demanding if you lack legal expertise. An experienced lawyer like those at Burger Law will provide precious assistance, defend your rights, and boost your likelihood of a successful outcome.

The most effective way to pursue a lawsuit involving survival action in Herculaneum, MO? Rely on Burger Law. We are determined to attain a full economic recovery for the damages and pain your dear one endured. Let us handle the legal dimension of your lawsuit while you and your loved ones concentrate on mourning and healing.

Legal Representation for Herculaneum, MO Survival Action Claims

Grieving the loss of someone you hold dear about is always challenging, and it can be made even further difficult when trying to deal with legal complexities. Filing and winning in a lawsuit involving survival action demands a deep grasp of the law, meticulous accumulation of proof, weeks, and sometimes even years of your time, and the capability to efficiently advocate in a courtroom. Taking into account these difficulties, it is crucial to seek professional legal aid to guarantee that justice is administered.

Importance of Legal Representation

In claims for survival action, retaining an attorney can make a substantial difference. Lawyers dedicating their practice in personal injury and wrongful death law carry the expertise and proficiency to handle the complexities of these claims, guaranteeing that the liable parties are held accountable and obtaining the highest compensation for your family. Our lawyers for survival action understand the Missouri legal system thoroughly and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a legal practice specializing in personal injury and wrongful death cases, we are devoted to supporting our customers in maneuvering the challenging journey towards justice. We understand the complexities of survival action claims, and we employ our full resolve to every case we take on. We strongly advocate in equity and the civil court system that empowers bereaved kin to pursue justice. When you hire Burger Law's survival action lawyers in Herculaneum, MO, we:

• Provide a comprehensive knowledge of the law and the highest level of legal advocacy
• Evaluate and build your legal matter with diligent assessment and well-thought-out planning
• Take care of all legal procedures, bargaining, and litigation on your part
• Fight for your rights and interests in the court system
• Provide empathetic emotional support as you and your family face this challenging time

Let Us Help You

If you believe you have a survival action claim in Herculaneum, MO, contact Burger Law at (314) 500-HURT now. We offer a complimentary initial consultation to discuss your lawsuit, consider your options and elaborate on how we will fight for your loved ones. You do not pay until we win your case. Let us assist you in seeking 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 Herculaneum, MO include:

Survival action claims serve as a critical legal option to ensure justice when confronted with an untimely death. With Burger Law's help, you and your Herculaneum, MO family can pursue the justice and total financial recovery that your family member deserved. Reach out to an experienced Herculaneum, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary consultation.