Survival Action Lawyer in Malden, MO

Survival action lawyer in Malden, MO. If a loved one has gone to a better place after getting injured due to someone else's negligence, you can still seek justice and a comprehensive financial recovery with Burger Law's Malden, 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.

In the event that a loved one is fatally injured because someone else didn't follow the rules, we may strive for a financial recovery for your sorrow, financial support loss and burial costs in a wrongful death lawsuit. This action provides financial help to families for their relative's death. But, in many cases, your loved one might have an ongoing personal injury claim, whether this injury led to their death or not. Survival claims, controlled by specific Missouri laws, allow personal injury claims to persist even after the demise of your relative. The purpose behind survival claims is to guarantee that the careless party is held accountable for their actions, and that justice is achieved, regardless of the death of your injured family member.

Burger Law is a respected Malden, MO personal injury law firm that focuses on wrongful death and survival action claims. With our three decades of fighting for justice, we have skillfully recovered over $200 million for our clients in Malden and throughout Missouri. When faced with the devastating death of a loved one, the last thing you might wish to think about is the legal process. Nevertheless, understanding your rights and the available mechanisms to seek justice is absolutely crucial. If you have lost someone you love unexpectedly, speak with a survival action lawyer in Malden, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Malden, 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 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 subsequently passes away, their personal representative can pursue a survival action to recoup damages incurred from the time of injury until their loved one's death. 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 distributed according to their will or Missouri intestacy laws.

What Is the Difference Between Survival Action and Wrongful Death Claims in Malden, MO?

Although survival actions and wrongful death claims in Malden, MO might seem alike, they are intrinsically different in terms of the compensation they seek to recover.

• Survival actions aim to recover the damages that the deceased could have claimed had they survived, such as medical expenses, lost wages, and pain and suffering from the time of injury until death. Compensation is awarded to your relative'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 strive to reimburse the loved ones of the deceased for their loss. This might include funeral costs and burial fees, loss of economic support, and loss of companionship and guidance. Compensation is awarded directly to mourning relatives.

In many cases, when an when an accident or injury results in someone's death but the person does not die at the scene, you may (and should) file a survival action and wrongful death claim together. As experienced Malden, MO wrongful death and survival action attorneys, Burger Law can support you in managing both cases to their completion.

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

Survival action claims in Malden, MO are filed in representation 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 individuals identified as the personal representative in your relative's will
• When the individual or individuals designated are disqualified for any reasons, when there is no personal representative identified in the will or if there is no will, then:
  • The partner
  • An individual with a legal right to part of the estate that the court believes will "manage and preserve" the estate well
  • A individual appointed by the court
  • A person nominated by other individuals named in the will

Our Malden, MO survival action lawyers can help you discover who is the personal representative in your loved one's case, or appoint yourself as the personal representative if the law and your situation it.

Damages Available in a Survival Action Claim in Malden, MO

The compensation you can pursue in a survival action case in Malden, MO is equivalent to that of a personal injury case. Typically, your losses include:

• Medical expenses accrued between the date of injuries and your relative's death
• Missed earnings or reduced wages if your family member's injuries affected their ability to earn a living before their death
• Property damage
• Pain and suffering and psychological trauma caused by the accident that your loved one experienced before death

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

The total value of your survival action claim in Malden, MO is largely dependent on the individual circumstances surrounding your family member's injuries and death. Important factors are:

• The extent of medical care obtained
• The amount of money lost from not being able to engage in employment
• The period your family member suffered from their injuries before they died
• In case your family member contributed to their injuries in any way
• The insurance policy limits

One thing a survival action lawyer does is to completely compute the extent of your loved one's damages and demand the full sum in a settlement. At Burger Law, our Malden, MO survival action and wrongful death attorneys carry out a full examination into your case to assure you are compensated to the maximum degree possible.

Statute of Limitations for Malden, 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 due date can lead to in losing your ability to make a claim.

How to File a Survival Action Claim in Malden, MO

Filing a survival action claim in Malden, MO is a process that requires careful attention to legal procedures 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 in accordance with their will or through a legal appointment.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is vital to talk to a lawyer expertise in tort or wrongful death cases. They can assist you through the legal process, make certain compliance with the statute of limitations, and advocate for your rights in court. Most unintentional death and personal injury lawyers give free consultations, affording you no reason not to talk to an attorney before proceeding.
• File a complaint — The personal representative, with the help of an attorney, will commence a lawsuit in a Missouri court. This document will set forth the details of the case, point out the individuals engaged, and enumerate the compensation sought after.

After filing your claim, your Burger Law Malden, 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 crucial component of a lawsuit involving survival action in Malden, MO, and your survival action lawyer will support in discovering and locating the required evidence. This may encompass:

• Medical records and bills to adequately detail the scope of the damage and the medical care procedures needed
• Wage and employment records to conclusively show income loss due to the injury
• Expert testimony, such as testimonies from medical professionals, to confirm the root and degree of the injury
• Witnesses who can attest to the circumstances related to the injury

The Importance of Legal Representation

While it is theoretically achievable to initiate a lawsuit involving survival action without an legal representative, the complications in legal affairs and procedural intricacies make it demanding if you don't have legal expertise. An skilled lawyer like those at Burger Law will provide invaluable assistance, defend your interests, and enhance your probability of a positive outcome.

The most effective way to submit a survival action claim in Malden, MO? Count on Burger Law. We are determined to attain a full financial recovery for the injuries and anguish your dear one endured. Let us handle the legal facet of your case while you and your family concentrate on mourning and recovering.

Legal Representation for Malden, MO Survival Action Claims

Grieving the loss of someone you care about is continuously demanding, and it can be made even further challenging when trying to deal with legal intricacies. Submitting and winning in a survival action claim demands a thorough grasp of the legal framework, diligent collection of proof, months, and sometimes even years of your time, and the capacity to successfully plead in a courtroom. Taking into account these obstacles, it is crucial to search for professional legal support to make sure that fairness is served.

Importance of Legal Representation

In lawsuits involving survival action, retaining legal representation can make a significant difference. Attorneys specializing in personal injury and wrongful death law have the expertise and proficiency to handle the complexities of these claims, guaranteeing that the liable parties are held accountable and achieving the highest compensation for your loved ones. 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 dedicated to personal injury and wrongful death cases, we are devoted to assisting our customers in navigating the difficult journey towards justice. We understand the details of survival action claims, and we utilize our entire dedication to every legal matter we undertake. We adamantly endorse in equity and the legal system that empowers bereaved relatives to pursue justice. When you retain Burger Law's survival action lawyers in Malden, MO, we:

• Provide an extensive knowledge of the law and the highest level of legal representation
• Evaluate and build your legal matter with diligent assessment and strategic planning
• Take care of all legal proceedings, bargaining, and litigation on your side
• Fight for your rights and interests in court
• Provide sympathetic emotional support as you and your family deal with this difficult time

Let Us Help You

If you think you have a survival action claim in Malden, MO, reach out to Burger Law at (314) 500-HURT now. We offer a no-cost initial consultation to talk about your case, explore your options and elaborate on how we are determined to battle for your family. You do not pay until we win your case. Allow us assist you in pursuing the justice that your beloved ones deserve. Contact us today to initiate the process.

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

Survival action claims constitute a critical legal option to guarantee justice in the face of an untimely death. With Burger Law's assistance, you and your Malden, MO family can pursue the justice and total financial recovery that your family member was owed. Reach out to an experienced Malden, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.