Survival Action Lawyer in Higbee, MO

Survival action lawyer in Higbee, MO. If a family member has gone to a better place after being injured due to someone else's carelessness, you can still seek justice and a full financial recovery with Burger Law's Higbee, MO survival action and wrongful death attorneys. Arrange for a free consultation today by getting in touch at (314) 500-HURT or filling out our online contact form.

When a loved one is killed because another person violated the rules, we can strive for compensation for your grief, loss of support and funeral expenses in a wrongful death lawsuit. This action gives compensation to families for their dear one's death. However, in many cases, your dear one may have an existing claim for injury, whether or not this injury was their cause of death or not. Survival actions, controlled by particular Missouri laws, allow injury claims to proceed despite the passing of your loved one. The aim behind survival actions is to guarantee that the reckless party is held responsible for their actions, and that justice is achieved, in spite of the death of your wounded relative.

Burger Law is a reputable Higbee, MO personal injury law firm that focuses on wrongful death and survival action claims. With our 30 of fighting for justice, we have efficiently recovered over $200 million for our clients in Higbee and throughout Missouri. When faced with the unfortunate death of a family member, the last thing you might want to think about is the legal process. Nevertheless, comprehending your rights and the available mechanisms to pursue justice is absolutely crucial. If you have lost someone you hold dear prematurely, speak with a survival action lawyer in Higbee, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Higbee, 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 demise of the person entitled to 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 personal 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 main aim 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 Higbee, MO?

Though survival actions and wrongful death claims in Higbee, MO might seem alike, they are intrinsically different in terms of the losses they strive to recover.

• Survival actions strive to recover the damages that the deceased could have claimed had they lived, such as healthcare costs, lost earnings, and pain and suffering from the time of injury until death. Compensation is allotted to your relative'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 reimburse the relatives of the deceased for their grief. This could include funeral and burial expenses, loss of economic support, and loss of companionship and guidance. Compensation is given directly to grieving relatives.

In many cases, when an when an incident or injury leads to someone's death but the person does not die at the location, you can (and ought to) lodge a survival action and wrongful death claim concurrently. As knowledgeable Higbee, 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 Higbee, MO?

Survival action claims in Higbee, 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 might include:

• A person or persons specified as the personal representative in your loved one's will
• If the person or individuals designated are unfit for any reasons, when there is no personal representative identified in the will or if there is no will, then:
  • The spouse
  • An individual with a lawful right to part of the estate that the court feels will "maintain and protect" the estate well
  • A individual appointed by the court
  • A person nominated by other people named in the will

Our Higbee, MO survival action lawyers can help you discover who is the personal representative in your relative's case, or designate yourself as the personal representative if the legislation and your circumstance permits it.

Damages Available in a Survival Action Claim in Higbee, MO

The financial recovery you can pursue in a survival action case in Higbee, MO is comparable to that of a personal injury case. Typically, your damages incorporate:

• Medical bills accumulated between the date of injuries and your family member's death
• Lost income or lowered earnings if your family member's injuries altered their ability to earn a living before their death
• Property damage
• Pain and suffering and mental anguish caused by the accident that your relative experienced before death

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

Calculating your survival claim damages in Higbee, MO is greatly dependent on the unique circumstances surrounding your loved one's damages and death. Significant factors include:

• The amount of medical attention received
• The amount of money lost from not being able to engage in employment
• How long your loved one suffered from their injuries before they died
• Should your family member had a part in their injuries at all
• The insurance policy limits

One thing a survival action lawyer does is to entirely assess the magnitude of your loved one's damages and demand the full total in compensation. At Burger Law, our Higbee, MO survival action and wrongful death attorneys perform a full examination into your case to make sure you are recompensed to the maximum degree possible.

Statute of Limitations for Higbee, 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 act promptly, as missing the deadline can lead to in forfeiting your right to get compensation.

How to File a Survival Action Claim in Higbee, MO

Filing a survival action claim in Higbee, MO is a process that requires meticulous 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, selecting a personal representative for your late loved one's estate is essential. This appointment can be established either according to their will or through a legal appointment.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is imperative to talk to a lawyer specializing in personal injury or wrongful death cases. They can assist you through the legal process, ensure compliance with the statute of limitations, and fight for your rights in court. Most wrongful death and personal injury lawyers provide free consultations, giving you no reason not to speak to an attorney before taking further action.
• File a complaint — The personal representative, with the assistance of legal counsel, will commence a legal claim in a Missouri court. This document will set forth the facts of the lawsuit, name the individuals engaged, and enumerate the compensation desired.

After filing your claim, your Burger Law Higbee, MO attorney experienced in survival actions will take the reins of the litigation proceedings, standing firmly by your side until you and your family secure the highest compensation achievable.

Gathering Necessary Evidence

Collecting evidence is a key component of a survival action claim in Higbee, MO, and your survival action lawyer will support in discovering and finding the essential evidence. This might entail:

• Medical records and bills to comprehensively document the severity of the damage and the medical interventions required
• Wage and employment records to clearly demonstrate income loss due to the harm
• Expert testimony, such as testimonies from healthcare specialists, to establish the cause and extent of the harm
• Witnesses who can confirm to the events surrounding the accident

The Importance of Legal Representation

While it is feasible in theory to file a claim for survival action without an lawyer, the intricacies in law proceedings and procedural intricacies make it demanding if you do not possess legal expertise. An skilled attorney like those at Burger Law will offer significant guidance, defend your rights, and enhance your chances of a positive claim.

The best way to pursue a claim for survival action in Higbee, MO? Put your trust in Burger Law. We will secure a total financial recovery for the injuries and anguish your dear one experienced. Let us manage the legal facet of your case while you and your family focus on mourning and healing.

Legal Representation for Higbee, MO Survival Action Claims

Grieving the passing of a person you care about is constantly challenging, and it can be made even further trying when endeavoring to deal with complex legal matters. Submitting and winning in a lawsuit involving survival action demands a profound understanding of the legal system, diligent gathering of proof, weeks, and sometimes even years of your energy, and the ability to effectively argue in a courtroom. Taking into account these difficulties, it is essential to seek specialized legal aid to guarantee that fairness is administered.

Importance of Legal Representation

In survival action claims, retaining legal counsel can make a significant difference. Lawyers focusing in personal injury and wrongful death law possess the understanding and experience to handle the complexities of these claims, guaranteeing that the liable parties are made accountable and securing the highest compensation for your family. Our lawyers for survival action understand the Missouri legal system completely 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 dealing with the challenging journey to justice. We understand the intricacies of survival action claims, and we utilize our entire dedication to every lawsuit we handle. We strongly advocate in equity and the civil court system that enables mourning family members to seek justice. When you hire Burger Law's survival action lawyers in Higbee, MO, we:

• Provide a thorough understanding of the law and the highest level of legal representation
• Evaluate and build your lawsuit with careful examination and strategic planning
• Take care of all legal processes, discussion, and court proceedings on your behalf
• Champion for your rights and interests in a courtroom
• Provide compassionate 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 Higbee, MO, reach out to Burger Law at (314) 500-HURT now. We provide a free 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. Allow us help you in pursuing the justice that your beloved ones are entitled to. Contact us today to begin the process.

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

Survival action claims represent a critical legal recourse to ensure justice when confronted with an untimely death. With Burger Law's support, you and your Higbee, MO family can obtain the justice and total compensation that your family member deserved. Contact an experienced Higbee, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a no-cost consultation.