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Survival Action Lawyer in Maryland Heights, MO
Survival action lawyer in Maryland Heights, MO. If someone you love has left us after being injured because of someone else's carelessness, you can still seek justice and a full financial compensation with Burger Law's Maryland Heights, MO survival action and wrongful death attorneys. Set up a free consultation today by dialing our number at (314) 500-HURT or filling out our online contact form.
When a loved one is tragically killed since another person didn't follow the rules, we may pursue compensation for your sorrow, financial support loss and funeral expenses in a wrongful death lawsuit. This compensates families for their dear one's death. Yet, in many cases, your family member may have an existing claim for injury, whether this injury was their cause of death or not. Survival actions, governed by specific Missouri laws, allow personal injury claims to persist despite the death of your relative. The intent behind survival claims is to ensure that the careless party is made accountable for their actions, and that justice is achieved, regardless of the death of your injured dear one.
Burger Law is a well-known Maryland Heights, MO personal injury law firm that prioritizes 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 Maryland Heights and throughout Missouri. When faced with the devastating loss of a loved one, the last thing you might want to contemplate is the complexities of the legal system. Nevertheless, understanding your rights and the available mechanisms to seek justice is undoubtedly crucial. If you have lost someone you love too soon, speak with a survival action lawyer in Maryland Heights, MO today at (314) 500-HURT or contact us online for a cost-free consultation.
What Is a Survival Action in Maryland Heights, 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 death of the person entitled to damages or liable to the cause of action. Put simply, if a person sustains an injury due to the carelessness of another and subsequently passes away, their personal representative can commence a survival action to recoup damages incurred from the time of injury until their loved one's death. This remains true regardless of whether the injury directly caused their death or not.
The main intention behind survival actions is to ensure that justice is served. If an injured person is unable to proceed with 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 Maryland Heights, MO?
Even though survival actions and wrongful death claims in Maryland Heights, MO may appear similar, they are fundamentally different in terms of the compensation they strive to recover.
- Survival actions aim to recover the damages that the deceased could have claimed had they survived, such as healthcare costs, lost earnings, and pain and suffering from the time of injury until death. Compensation is awarded to your deceased's estate and then allocated based on their will. You can seek punitive damages in a survival action claim but not in a wrongful death claim.
- Wrongful death claims strive to recompense the relatives of the deceased for their loss. This could include funeral costs and burial fees, lack of financial support, and loss of camaraderie and advice. Compensation is provided directly to mourning loved ones.
In many cases, when an when an accident or injury leads to someone's death but the person does not die at the place, you may (and should) present a survival action and wrongful death claim concurrently. As skilled Maryland Heights, MO wrongful death and survival action lawyers, Burger Law can aid you in navigating both cases to their conclusion.
Who Can File a Survival Action Claim in Maryland Heights, MO?
Survival action claims in Maryland Heights, MO are initiated 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 named as the personal representative in your deceased's will
- Should the person or people designated are unfit for any reasons, in case there is no personal representative named in the will or if there is no will, then:
- The spouse
- Someone with a lawful right to part of the estate that the court considers will "manage and preserve" the estate well
- A person selected by the court
- A individual nominated by other individuals named in the will
Our Maryland Heights, MO survival action lawyers can help you discover who is the personal representative in your family member's case, or set up yourself as the personal representative if the legislation and your situation it.
Damages Available in a Survival Action Claim in Maryland Heights, MO
The financial recovery you can seek in a survival action case in Maryland Heights, MO is comparable to that of a personal injury case. Usually, your expenses include:
- Medical expenses collected between the date of injuries and your relative's death
- Lost pay or lowered earnings if your loved one's injuries altered their ability to provide for themselves and family before their death
- Damage to property
- Pain and suffering and psychological trauma caused by the accident that your deceased experienced before death
How Much Is My Maryland Heights, MO Survival Action Claim Worth?
The total value of your survival action claim in Maryland Heights, MO is heavily dependent on the distinct conditions surrounding your relative's injuries and death. Crucial factors are:
- The amount of medical care obtained
- The amount of money missed out on from not being able to work
- The length of time your family member suffered from their injuries before they departed
- Should your relative contributed partly to their injuries at all
- The insurance policy limits
Part of a survival action lawyer's job is to fully determine the scope of your loved one's damages and demand the full amount in compensation. At Burger Law, our Maryland Heights, MO survival action and wrongful death attorneys perform a full examination into your case to ensure you are recompensed to the highest level possible.
Statute of Limitations for Maryland Heights, 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 crucial to take action promptly, as missing the due date can result in in losing your ability to make a claim.
How to File a Survival Action Claim in Maryland Heights, MO
Filing a survival action claim in Maryland Heights, 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, naming a personal representative for your late loved one's estate is essential. This appointment can be established either in accordance with their will or through a formal appointment.
- Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is imperative to consult a lawyer expertise in injury or wrongful death cases. They can lead you through the legal process, ensure compliance with the statute of limitations, and defend for your rights in court. Most unintentional death and physical injury lawyers offer free consultations, giving you no reason never to discuss 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 court filing will set forth the facts of the matter, identify the entities engaged, and particularize the remedies sought after.
Once your claim is filed, your Burger Law Maryland Heights, 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 essential element of a claim for survival action in Maryland Heights, MO, and your survival action lawyer will support in pinpointing and obtaining the necessary evidence. This may encompass:
- Medical records and bills to thoroughly record the scope of the damage and the medical interventions required
- Wage and employment records to conclusively show income loss due to the injury
- Expert testimony, such statements by medical professionals, to verify the root and severity of the harm
- Witnesses who can attest to the conditions surrounding the accident
The Importance of Legal Representation
While it is feasible in theory to initiate a claim for survival action without an attorney, the complexities in legal matters and procedural complexities make it demanding if you don't have legal training. An seasoned lawyer like those at Burger Law will provide precious direction, advocate for your claims, and improve your probability of a positive outcome.
The optimal way to file a claim for survival action in Maryland Heights, MO? Rely on Burger Law. We are determined to attain a total economic compensation for the injuries and suffering your beloved one experienced. Let us take care of the legal aspect of your legal matter while you and your loved ones concentrate on grieving and healing.
Legal Representation for Maryland Heights, MO Survival Action Claims
Grieving the passing of someone you hold dear about is constantly demanding, and it can be made even further trying when trying to navigate legal intricacies. Initiating and winning in a lawsuit involving survival action requires a thorough understanding of the law, meticulous accumulation of evidence, weeks, and sometimes even years of your energy, and the capacity to effectively plead in court. Given these difficulties, it is vital to seek specialized legal assistance to guarantee that justice is administered.
Importance of Legal Representation
In lawsuits involving survival action, possessing legal representation can make a significant difference. Lawyers specializing in personal injury and wrongful death law carry the understanding and know-how to navigate the complexities of these claims, guaranteeing that the liable parties are held accountable and securing the maximum compensation for your loved ones. Our lawyers for survival action understand the Missouri legal system thoroughly 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 helping our clients in maneuvering the difficult path towards justice. We understand the intricacies of survival action claims, and we utilize our entire dedication to every case we undertake. We strongly believe in equity and the judicial system that empowers mourning family members to pursue justice. When you hire Burger Law's survival action lawyers in Maryland Heights, MO, we:
- Provide a comprehensive grasp of the law and the highest level of legal advocacy
- Evaluate and build your case with meticulous assessment and well-thought-out planning
- Take care of all legal processes, discussion, and legal actions on your behalf
- Advocate for your rights and interests in court
- Provide sympathetic emotional support as you and your family deal with this trying time
Let Us Help You
If you think you have a survival action claim in Maryland Heights, MO, call Burger Law at (314) 500-HURT immediately. We provide a complimentary first consultation to discuss your lawsuit, consider your options and detail how we will battle for your family. You do not pay until we win your case. Let us help you in seeking the justice that your beloved ones merit. Contact us today to initiate the process.
Other types of cases we take on and win in Maryland Heights, MO include:
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Speak to a Survival Action Lawyer in Maryland Heights, MO Today
Survival action claims serve as a critical legal avenue to ensure justice in the face of an untimely passing. With Burger Law's help, you and your Maryland Heights, MO family can seek the justice and complete financial recovery that your loved one was owed. Speak with an experienced Maryland Heights, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a no-cost consultation.