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Survival Action Lawyer in Lincoln County, MO
Survival action lawyer in Lincoln County, MO. If someone dear to your heart has gone to a better place after being injured because of someone else's carelessness, you can still pursue justice and a comprehensive financial compensation with Burger Law's Lincoln County, MO survival action and wrongful death attorneys. Set up a free consultation today by dialing our number at (314) 500-HURT or completing our online contact form.
If a family member is killed because another person violated the rules, we can seek a financial recovery for your sorrow, loss of support and funeral expenses in a wrongful death lawsuit. This reimburses families for their relative's death. But, in many cases, your family member might have an existing claim for injury, whether that injury was their cause of death or not. Survival claims, regulated by particular Missouri laws, let personal injury claims to continue after the death of your loved one. The intention behind survival actions is to ensure that the careless party is made accountable for their actions, and that justice is accomplished, regardless of the death of your injured loved one.
Burger Law is a well-known Lincoln County, MO personal injury law firm that focuses on wrongful death and survival action claims. With our extensive experience of fighting for justice, we have skillfully recovered over $200 million for our clients in Lincoln County and throughout Missouri. When faced with the tragic death of a loved one, the last thing you might wish to contemplate is the complexities of the legal system. Nevertheless, understanding your rights and the available mechanisms to pursue justice is certainly crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in Lincoln County, MO today at (314) 500-HURT or contact us online for a complimentary consultation.
What Is a Survival Action in Lincoln 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 bring a lawsuit – except those for defamation and malicious prosecution, shall continue 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 legal representative can pursue 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 principal aim 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 given out according to their will or Missouri intestacy laws.
What Is the Difference Between Survival Action and Wrongful Death Claims in Lincoln County, MO?
While survival actions and wrongful death claims in Lincoln County, MO could look similar, they are fundamentally distinct in terms of the damages they strive to recover.
- Survival actions seek 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 deceased's estate and then dispersed based on their will. You can seek extra damages in a survival action claim but not in a wrongful death claim.
- Wrongful death claims seek to recompense the kin of the deceased for their losses. This may include funeral and burial expenses, absence of economic support, and loss of camaraderie and advice. Compensation is awarded directly to bereaved family members.
In many cases, when an when an incident or injury results in someone's death but the person does not pass away at the place, you might (and should) present a survival action and wrongful death claim together. As knowledgeable Lincoln County, MO wrongful death and survival action attorneys, Burger Law can help you in handling both cases to their conclusion.
Who Can File a Survival Action Claim in Lincoln County, MO?
Survival action claims in Lincoln County, MO are filed 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 could include:
- An individual or individuals specified as the personal representative in your relative's will
- In case the person or individuals designated are unfit for any reasons, in case there is no personal representative mentioned in the will or if there is no will, then:
- The husband or wife
- Someone with a lawful claim to part of the estate that the court believes will "maintain and protect" the estate well
- A person chosen by the court
- A person nominated by other individuals named in the will
Our Lincoln County, MO survival action attorneys can help you find out who is the personal representative in your loved one's case, or designate yourself as the personal representative if the legalities and your circumstance permits it.
Damages Available in a Survival Action Claim in Lincoln County, MO
The compensation you can make a claim for in a survival action case in Lincoln County, MO is similar to that of a personal injury case. Generally, your expenses include:
- Medical bills collected between the date of accident and your family member's death
- Missed earnings or reduced wages if your loved one's injuries influenced their ability to generate income before their death
- Destruction of property
- Pain and suffering and emotional distress caused by the injuries that your relative experienced before death
How Much Is My Lincoln County, MO Survival Action Claim Worth?
Calculating your survival claim damages in Lincoln County, MO is heavily dependent on the specific scenarios surrounding your relative's injuries and death. Vital factors involve:
- The amount of healthcare received
- The amount of money missed out on from not being able to engage in employment
- The duration your loved one suffered from their injuries before they died
- Whether your relative added to their injuries in any way
- The insurance policy limits
One thing a survival action lawyer does is to completely assess the scope of your family member's damages and demand the full amount in compensation. At Burger Law, our Lincoln County, MO survival action and wrongful death lawyers carry out a full inquiry into your case to ensure you are recompensed to the highest level possible.
Statute of Limitations for Lincoln 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 essential to take action promptly, as missing the time limit can result in in losing your right to get compensation.
How to File a Survival Action Claim in Lincoln County, MO
Filing a survival action claim in Lincoln County, 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, choosing a personal representative for your deceased loved one's estate is essential. This appointment can be established either as per 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 proficient in personal injury or wrongful death cases. They can guide you through the legal process, guarantee compliance with the statute of limitations, and defend for your rights in court. Most unintentional death and physical injury lawyers provide free consultations, giving you no reason not to talk to an attorney before taking further action.
- File a complaint — The personal representative, with the assistance of legal counsel, will initiate a lawsuit in a Missouri court. This document will lay out the details of the case, identify the entities engaged, and enumerate the compensation desired.
After filing your claim, your Burger Law Lincoln County, 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 essential factor of a lawsuit involving survival action in Lincoln County, MO, and your attorney for survival action will help in identifying and finding the necessary evidence. This might include:
- Medical records and bills to comprehensively document the extent of the injury and the healthcare interventions required
- Wage and employment records to conclusively show lost earnings due to the injury
- Expert testimony, such as testimonies from healthcare specialists, to confirm the root and degree of the injury
- Witnesses who can attest to the events surrounding the injury
The Importance of Legal Representation
While it is technically possible to initiate a survival action claim without an attorney, the complexities in legal matters and procedural complexities make it demanding if you do not possess legal expertise. An experienced attorney like those at Burger Law will provide significant guidance, represent your claims, and enhance your likelihood of a positive claim.
The most effective way to submit a lawsuit involving survival action in Lincoln County, MO? Put your trust in Burger Law. We will attain a full financial compensation for the injuries and suffering your cherished one experienced. Let us take care of the legal facet of your lawsuit while you and your loved ones concentrate on grieving and recovering.
Legal Representation for Lincoln County, MO Survival Action Claims
Grieving the loss of someone you care about is constantly demanding, and it can be made even more difficult when trying to deal with legal complexities. Initiating and winning in a claim for survival action necessitates a profound comprehension of the legal system, meticulous collection of evidence, months, and sometimes even years of your energy, and the ability to effectively argue in a courtroom. Given these challenges, it is crucial to search for expert legal assistance to guarantee that fairness is delivered.
Importance of Legal Representation
In lawsuits involving survival action, having legal counsel can make a substantial difference. Attorneys specializing in personal injury and wrongful death law have the knowledge and know-how to handle the intricacies of these claims, guaranteeing that the liable parties are made accountable and obtaining 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 committed to supporting our customers in navigating the demanding journey to justice. We understand the intricacies of survival action claims, and we utilize our entire resolve to every lawsuit we handle. We firmly endorse in justice and the judicial system that enables grieving kin to seek justice. When you retain Burger Law's survival action lawyers in Lincoln County, MO, we:
- Provide an extensive understanding of the law and the topmost level of legal counsel
- Evaluate and develop your case with meticulous examination and strategic planning
- Manage all legal proceedings, discussion, and litigation on your side
- Fight for your rights and interests in the court system
- Provide sympathetic 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 Lincoln County, MO, contact Burger Law at (314) 500-HURT now. We provide a free first consultation to discuss your lawsuit, discuss your options and detail how we are determined to battle for your loved ones. You do not pay until we win your case. Let us assist you in seeking 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 Lincoln County, MO include:
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Speak to a Survival Action Lawyer in Lincoln County, MO Today
Survival action claims represent a vital legal recourse to ensure justice when confronted with an untimely death. With Burger Law's assistance, you and your Lincoln County, MO family can seek the justice and total financial recovery that your family member was owed. Speak with an experienced Lincoln County, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a free consultation.