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Survival Action Lawyer in Jefferson City, MO
Survival action lawyer in Jefferson City, MO. If a family member passed away after being injured due to someone else's carelessness, you can still pursue justice and a full financial compensation with Burger Law's Jefferson City, 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.
When a relative is killed because another individual didn't follow the rules, we can strive for a financial recovery for your grief, financial support loss and burial costs in a wrongful death lawsuit. This action compensates families for their dear one's death. Nonetheless, in many cases, your family member might have an existing claim for injury, no matter if this injury was their cause of death or not. Survival claims, regulated by particular Missouri laws, allow personal injury claims to continue even though the demise of your family member. The purpose behind survival claims is to ensure that the negligent party is held responsible for their actions, and that justice is accomplished, in spite of the death of your wounded loved one.
Burger Law is a respected Jefferson City, MO personal injury law firm that is dedicated to wrongful death and survival action claims. With our extensive experience of fighting for justice, we have effectively recovered over $200 million for our clients in Jefferson City and throughout Missouri. When faced with the devastating loss of a family member, the last thing you might want to think about is the legal process. Nevertheless, understanding your rights and the available mechanisms to obtain justice is undoubtedly crucial. If you have lost someone you hold dear too soon, speak with a survival action lawyer in Jefferson City, MO today at (314) 500-HURT or contact us online for a no-cost consultation.
What Is a Survival Action in Jefferson City, 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 endure 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 appointed representative can pursue a survival action to recoup damages incurred from the date of the accident until their loved one's demise. This holds 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 Jefferson City, MO?
Though survival actions and wrongful death claims in Jefferson City, MO may appear similar, they are intrinsically different in terms of the losses they seek to recover.
- Survival actions seek to recover the damages that the deceased could have sought had they survived, such as medical expenses, lost wages, and pain and suffering from the time of injury until death. Compensation is allotted to your relative'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 relatives of the deceased for their loss. This could include funeral and burial expenses, lack of monetary help, and loss of companionship and counsel. Compensation is provided directly to mourning relatives.
In many cases, when an when an incident or injury results in someone's death but the person does not die at the location, you may (and should) submit a survival action and wrongful death claim concurrently. As skilled Jefferson City, MO wrongful death and survival action advocates, Burger Law can help you in managing both cases to their completion.
Who Can File a Survival Action Claim in Jefferson City, MO?
Survival action claims in Jefferson City, 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 could include:
- An individual or people specified as the personal representative in your deceased's will
- In case the person or individuals designated are disqualified for any reasons, in case there is no personal representative specified in the will or if there is no will, then:
- The partner
- A person with a legal right to part of the estate that the court considers will "manage and preserve" the estate well
- A individual designated by the court
- A person nominated by other people named in the will
Our Jefferson City, MO survival action attorneys can help you find out who is the personal representative in your family member's case, or designate yourself as the personal representative if the law and your circumstance allows it.
Damages Available in a Survival Action Claim in Jefferson City, MO
The compensation you can pursue in a survival action case in Jefferson City, MO is similar to that of a personal injury case. Generally, your losses incorporate:
- Medical bills collected between the date of injuries and your relative's death
- Lost income or lowered earnings if your loved one's injuries impacted their ability to make a living before their death
- Damage to property
- Pain and suffering and emotional distress caused by the injuries that your deceased experienced before death
How Much Is My Jefferson City, MO Survival Action Claim Worth?
Calculating your survival claim damages in Jefferson City, MO is greatly reliant on the individual conditions surrounding your loved one's injuries and death. Vital factors include:
- The extent of medical attention obtained
- The amount of money lost from not being able to work
- The length of time your relative suffered from their injuries before they passed
- Should your family member had a part in their injuries at all
- The amount of insurance coverage available
One thing a survival action lawyer does is to completely compute the scope of your loved one's damages and demand the full amount in compensation. At Burger Law, our Jefferson City, MO survival action and wrongful death lawyers perform a full investigation into your case to guarantee you are paid to the greatest extent possible.
Statute of Limitations for Jefferson City, 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 result in in losing your right to pursue compensation.
How to File a Survival Action Claim in Jefferson City, MO
Filing a survival action claim in Jefferson City, 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 deceased loved one's estate is essential. This appointment can be established either according to their will or through a formal appointment.
- Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is crucial to seek advice from a lawyer specializing in injury or wrongful death cases. They can assist you through the legal process, ensure compliance with the statute of limitations, and defend for your rights in court. Most unintentional death and personal 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 initiate a lawsuit in a Missouri court. This legal paper will present the particulars of the lawsuit, identify the parties participating, and state the compensation requested.
Once your claim is filed, your Burger Law Jefferson City, 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 vital element of a claim for survival action in Jefferson City, MO, and your attorney for survival action will support in recognizing and obtaining the essential evidence. This might entail:
- Medical records and bills to thoroughly record the severity of the injury and the medical procedures needed
- Wage and employment records to conclusively show income loss due to the harm
- Expert testimony, such testimonies from healthcare specialists, to confirm 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 initiate a lawsuit involving survival action without an attorney, the intricacies in legal affairs and procedural intricacies make it challenging if you lack legal expertise. An experienced attorney like those at Burger Law will give precious assistance, represent your rights, and increase your likelihood of a positive claim.
The optimal way to submit a claim for survival action in Jefferson City, MO? Rely on Burger Law. We are determined to attain a full financial compensation for the damages and anguish your cherished one experienced. Let us handle the legal dimension of your legal matter while you and your family concentrate on mourning and recovering.
Legal Representation for Jefferson City, MO Survival Action Claims
Grieving the departure of a person you love about is constantly demanding, and it can be made even further difficult when endeavoring to deal with legal complexities. Initiating and winning in a survival action claim requires a profound understanding of the law, careful accumulation of evidence, months, and sometimes even years of your energy, and the ability to successfully plead in court. Taking into account these difficulties, it is vital to seek expert legal support to make sure that fairness is delivered.
Importance of Legal Representation
In claims for survival action, possessing legal counsel can make a substantial difference. Lawyers focusing in personal injury and wrongful death law possess the expertise and proficiency to navigate the intricacies of these claims, guaranteeing that the liable parties are made responsible and achieving the optimal financial recovery for your loved ones. 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 legal practice dedicated to personal injury and wrongful death cases, we are devoted to assisting our clients in dealing with the difficult path to justice. We understand the complexities of survival action claims, and we bring our entire resolve to every lawsuit we handle. We adamantly advocate in justice and the judicial system that enables bereaved family members to pursue justice. When you retain Burger Law's survival action lawyers in Jefferson City, MO, we:
- Provide an extensive grasp of the law and the highest level of legal representation
- Evaluate and develop your legal matter with meticulous analysis and systematic planning
- Take care of all legal procedures, discussion, and legal actions on your side
- Advocate for your rights and interests in the court system
- Provide compassionate emotional support as you and your family navigate this trying time
Let Us Help You
If you think you have a survival action claim in Jefferson City, MO, call Burger Law at (314) 500-HURT immediately. We provide a no-cost initial consultation to discuss your legal matter, discuss your options and explain how we are determined to fight for your loved ones. You do not pay until we win your case. Let us support you in seeking the justice that your dear ones merit. Contact us today to begin the process.
Other types of cases we take on and win in Jefferson City, MO include:
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Speak to a Survival Action Lawyer in Jefferson City, MO Today
Survival action claims serve as a essential legal recourse to secure justice amidst an untimely death. With Burger Law's support, you and your Jefferson City, MO family can seek the justice and full financial recovery that your family member was owed. Reach out to an experienced Jefferson City, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.