Get the justice and full financial recovery your loved one was owed
Survival Action Lawyer in Jefferson County, MO
Survival action lawyer in Jefferson County, MO. If a loved one has left us after getting injured due to someone else's negligence, you can still pursue justice and a full financial recovery with Burger Law's Jefferson County, 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 dearly beloved is fatally injured because someone else broke the rules, we may seek financial compensation for your heartache, loss of support and burial expenses in a wrongful death lawsuit. This reimburses families for their dear one's death. But, in many cases, your loved one may have an pre-existing personal injury claim, whether that injury eventually led to their death or not. Survival claims, governed by specific Missouri laws, permit injury claims to proceed after the demise of your dear one. The intention behind survival actions is to ensure that the negligent party is held accountable for their actions, and that justice is realized, despite the death of your hurt family member.
Burger Law is a well-known Jefferson County, MO personal injury law firm that is dedicated to wrongful death and survival action claims. With our 30 of fighting for justice, we have successfully recovered over $200 million for our clients in Jefferson County and throughout Missouri. When faced with the tragic loss of a family member, 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 hold dear before their time, speak with a survival action lawyer in Jefferson County, MO today at (314) 500-HURT or contact us online for a no-cost consultation.
What Is a Survival Action in Jefferson 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 initiate a lawsuit – except those for defamation and malicious prosecution, shall endure 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 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 chief 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 distributed according to their will or Missouri intestacy laws.
What Is the Difference Between Survival Action and Wrongful Death Claims in Jefferson County, MO?
Although survival actions and wrongful death claims in Jefferson County, MO could look similar, they are intrinsically different in terms of the compensation they aim to recover.
- Survival actions strive to recover the damages that the deceased could have recovered had they survived, such as healthcare costs, lost earnings, and pain and suffering from the time of injury until death. Compensation is allotted to your deceased's estate and then distributed based on their will. You can seek punitive 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 loss. This may include funeral costs and burial fees, loss of economic support, and loss of companionship and counsel. Compensation is given directly to bereaved loved ones.
In many cases, when an when an incident or injury leads to someone's death but the person does not pass away at the scene, you may (and should) lodge a survival action and wrongful death claim concurrently. As seasoned Jefferson County, MO wrongful death and survival action lawyers, Burger Law can support you in navigating both cases to their conclusion.
Who Can File a Survival Action Claim in Jefferson County, MO?
Survival action claims in Jefferson County, MO are submitted in representation 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 could include:
- A person or individuals identified as the personal representative in your deceased's will
- In case the person or persons designated are unfit for any reasons, should 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 thinks will "maintain and protect" the estate well
- A person selected by the court
- A individual nominated by other people named in the will
Our Jefferson County, MO survival action lawyers can help you determine who is the personal representative in your relative's case, or appoint yourself as the personal representative if the law and your circumstance allows it.
Damages Available in a Survival Action Claim in Jefferson County, MO
The compensation you can make a claim for in a survival action case in Jefferson County, MO is equivalent to that of a personal injury case. Usually, your costs comprise:
- Medical expenses gathered between the date of injuries and your family member's death
- Lost income or decreased income if your relative's injuries impacted their ability to generate income before their death
- Property damage
- Pain and suffering and mental anguish caused by the accident that your deceased experienced before death
How Much Is My Jefferson County, MO Survival Action Claim Worth?
Calculating your survival claim damages in Jefferson County, MO is greatly dependent on the unique scenarios surrounding your family member's damages and death. Crucial factors involve:
- The extent of medical care received
- The amount of money lost from not being able to work
- The duration your relative suffered from their injuries before they passed
- If your loved one had a part in their injuries in any way
- The insurance policy limits
One thing a survival action lawyer does is to completely compute the magnitude of your family member's damages and demand the full quantity in a settlement. At Burger Law, our Jefferson County, MO survival action and wrongful death lawyers perform a full inquiry into your case to guarantee you are compensated to the greatest extent possible.
Statute of Limitations for Jefferson 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 important to proceed promptly, as missing the time limit can result in in forfeiting your ability to make a claim.
How to File a Survival Action Claim in Jefferson County, MO
Filing a survival action claim in Jefferson County, MO is a process that requires careful 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 court appointment.
- Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is vital to consult a lawyer expertise in tort or wrongful death cases. They can lead you through the legal process, make certain compliance with the statute of limitations, and fight for your rights in court. Most unintentional death and personal injury lawyers offer free consultations, affording you no reason not to talk 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 set forth the particulars of the matter, identify the individuals participating, and enumerate the damages requested.
Upon the submission of your claim, your Jefferson County, 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 essential factor of a claim for survival action in Jefferson County, MO, and your survival action lawyer will support in discovering and finding the needed evidence. This could involve:
- Medical records and bills to adequately detail the scope of the damage and the medical care treatments necessary
- Wage and employment records to clearly demonstrate lost earnings due to the injury
- Expert testimony, such as statements by medical experts, to establish the reason and severity of the injury
- Witnesses who can verify to the conditions surrounding the injury
The Importance of Legal Representation
While it is technically possible to file a claim for survival action without an lawyer, the intricacies in legal matters and procedural complexities make it difficult if you do not possess legal training. An experienced lawyer like those at Burger Law will give precious guidance, advocate for your interests, and increase your probability of a favorable claim.
The most effective way to pursue a survival action claim in Jefferson County, MO? Rely on Burger Law. We will obtain a full financial compensation for the damages and suffering your beloved one experienced. Let us handle the legal dimension of your legal matter while you and your family focus on mourning and healing.
Legal Representation for Jefferson County, MO Survival Action Claims
Grieving the loss of an individual you hold dear about is always demanding, and it can be made even more challenging when attempting to navigate legal intricacies. Initiating and winning in a lawsuit involving survival action requires a deep comprehension of the legal system, meticulous accumulation of supporting documents, weeks, and occasionally even years of your time, and the capacity to successfully advocate in court. Given these obstacles, it is essential to search for expert legal support to assure that justice is administered.
Importance of Legal Representation
In lawsuits involving survival action, retaining an attorney can make a significant difference. Lawyers dedicating their practice in personal injury and wrongful death law carry the knowledge and experience to navigate the intricacies of these claims, guaranteeing that the liable parties are held responsible and securing the optimal compensation 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 law firm specializing in personal injury and wrongful death cases, we are devoted to helping our clients in navigating the demanding path to justice. We understand the details of survival action claims, and we employ our complete commitment to every lawsuit we take on. We firmly advocate in fairness and the civil court system that enables mourning family members to seek justice. When you retain Burger Law's survival action lawyers in Jefferson County, MO, we:
- Provide an extensive understanding of the law and the topmost level of legal advocacy
- Evaluate and develop your lawsuit with careful examination and well-thought-out planning
- Manage all legal procedures, bargaining, and court proceedings on your behalf
- Advocate for your rights and interests in court
- Provide sympathetic emotional support as you and your family face this trying time
Let Us Help You
If you believe you have a survival action claim in Jefferson County, MO, contact Burger Law at (314) 500-HURT now. We offer a complimentary initial consultation to talk about your lawsuit, consider your options and explain how we will battle for your family. You do not pay until we win your case. Allow us assist you in going after the justice that your dear ones deserve. Contact us today to begin the process.
Other types of cases we take on and win in Jefferson County, MO include:
Call Burger Law Now
Speak to a Survival Action Lawyer in Jefferson County, MO Today
Survival action claims represent a vital legal option to secure justice when confronted with an untimely death. With Burger Law's assistance, you and your Jefferson County, MO family can pursue the justice and total compensation that your family member deserved. Contact an experienced Jefferson County, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a free consultation.