Survival Action Lawyer in Montgomery City, MO

Survival action lawyer in Montgomery City, MO. If a loved one has left us after getting injured because of someone else's carelessness, one can still seek justice and a full financial compensation with Burger Law's Montgomery City, 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 relative is tragically killed since another individual broke the rules, we can seek compensation for your sorrow, loss of support and funeral expenses in a wrongful death lawsuit. This gives compensation to families for their family member's death. Yet, in many cases, your relative may have an existing personal injury claim, regardless of whether that injury was their cause of death or not. Survival actions, controlled by specific Missouri laws, let personal injury claims to continue even after the death of your relative. The intention behind survival claims is to guarantee that the careless party is held accountable for their actions, and that justice is realized, notwithstanding the death of your hurt family member.

Burger Law is a well-known Montgomery City, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our extensive experience of fighting for justice, we have successfully recovered over $200 million for our clients in Montgomery City and throughout Missouri. When faced with the tragic loss of a family member, the last thing you might wish to contemplate is the complexities of the legal system. Nevertheless, comprehending your rights and the available mechanisms to seek justice is absolutely crucial. If you have lost someone you hold dear before their time, speak with a survival action lawyer in Montgomery City, MO today at (314) 500-HURT or contact us online for a cost-free consultation.

What Is a Survival Action in Montgomery 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 continue despite the passing 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 appointed representative can initiate a survival action to recoup damages incurred from the time of injury until their loved one's demise. This holds true regardless of whether the injury directly caused their death or not.

The primary objective behind survival actions is to ensure that justice is served. If an injured person is unable to continue their case due to death, it does not absolve the defendant of liability. 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 Montgomery City, MO?

Although survival actions and wrongful death claims in Montgomery City, MO seem to be alike, they are fundamentally different in terms of the damages they strive to recover.

• Survival actions seek to recover the damages that the deceased could have recovered had they survived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is given to your loved one's estate and then dispersed based on their will. You can seek additional damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to recompense the kin of the deceased for their losses. This might include funeral and burial expenses, absence of financial support, and loss of camaraderie and advice. Compensation is granted directly to mourning relatives.

In many cases, when an when an event or injury leads to someone's death but the person does not die at the place, you might (and should) lodge a survival action and wrongful death claim concurrently. As knowledgeable Montgomery City, MO wrongful death and survival action attorneys, Burger Law can aid you in overseeing both cases to their completion.

Who Can File a Survival Action Claim in Montgomery City, MO?

Survival action claims in Montgomery City, MO are initiated 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 may include:

• An individual or persons designated as the personal representative in your relative's will
• In case the person or people designated are unfit for any reasons, in case there is no personal representative specified 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 believes will "oversee and conserve" the estate well
  • A individual chosen by the court
  • A individual nominated by other people named in the will

Our Montgomery City, MO survival action lawyers can help you identify who is the personal representative in your family member's case, or set up yourself as the personal representative if the law and your circumstance it.

Damages Available in a Survival Action Claim in Montgomery City, MO

The compensation you can make a claim for in a survival action case in Montgomery City, MO is equivalent to that of a personal injury case. Usually, your expenses encompass:

• Medical bills accrued between the date of injuries and your relative's death
• Missed earnings or reduced wages if your loved one's injuries influenced their ability to make a living 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 Montgomery City, MO Survival Action Claim Worth?

The total value of your survival action claim in Montgomery City, MO is greatly contingent on the individual circumstances surrounding your relative's damages and death. Crucial factors involve:

• The extent of healthcare received
• The amount of money lost from not being able to work
• The length of time your family member suffered from their injuries before they departed
• If your relative added to their injuries at all
• The sum of insurance coverage available

Part of a survival action lawyer's job is to thoroughly calculate the extent of your relative's damages and demand the full total in a settlement. At Burger Law, our Montgomery City, MO survival action and wrongful death lawyers conduct a full inquiry into your case to assure you are compensated to the maximum degree possible.

Statute of Limitations for Montgomery 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 move forward promptly, as missing the deadline can result in in sacrificing your ability to make a claim.

How to File a Survival Action Claim in Montgomery City, MO

Filing a survival action claim in Montgomery City, 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.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is crucial to seek advice from a lawyer specializing in tort or wrongful death cases. They can guide you through the legal process, make certain compliance with the statute of limitations, and fight for your rights in court. Most wrongful death and physical injury lawyers offer free consultations, giving you no reason to not talk to an attorney before taking further action.
• File a complaint — The personal representative, with the help of an attorney, will initiate a legal claim in a Missouri court. This document will present the facts of the case, point out the parties engaged, and state the remedies requested.

Once your claim is officially lodged, your Burger Law lawyer for survival actions in Montgomery City, MO will manage all aspects of the litigation process, providing unwavering support until you and your loved ones obtain the maximum possible compensation

Gathering Necessary Evidence

Collecting evidence is a crucial factor of a survival action claim in Montgomery City, MO, and your survival action lawyer will help in discovering and locating the necessary evidence. This might entail:

• Medical records and bills to thoroughly record the extent of the damage and the medical procedures needed
• Wage and employment records to conclusively show lost earnings due to the harm
• Expert testimony, such statements by medical experts, to establish the root and severity of the harm
• Witnesses who can verify to the conditions surrounding the injury

The Importance of Legal Representation

While it is theoretically achievable to initiate a lawsuit involving survival action without an attorney, the complexities in legal matters and procedural complexities make it difficult if you lack legal expertise. An experienced attorney like those at Burger Law will offer significant assistance, defend your claims, and enhance your chances of a favorable claim.

The most effective way to submit a survival action claim in Montgomery City, MO? Hire Burger Law. We will secure a complete monetary compensation for the damages and anguish your cherished one endured. Let us manage the legal facet of your legal matter while you and your loved ones concentrate on mourning and recovering.

Legal Representation for Montgomery City, MO Survival Action Claims

Grieving the passing of someone you care about is always challenging, and it can be made even more challenging when trying to deal with legal intricacies. Initiating and winning in a claim for survival action requires a deep comprehension of the legal framework, diligent collection of supporting documents, weeks, and sometimes even years of your time, and the ability to successfully advocate in a courtroom. Given these challenges, it is imperative to search for professional legal assistance to guarantee that justice is served.

Importance of Legal Representation

In claims for survival action, having legal representation can make a substantial difference. Lawyers specializing in personal injury and wrongful death law have the understanding and know-how to maneuver the intricacies of these claims, guaranteeing that the liable parties are made accountable and obtaining the optimal financial recovery for your family. Our survival action attorneys understand the Missouri legal system thoroughly 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 committed to supporting our individuals in navigating the difficult path to justice. We understand the intricacies of survival action claims, and we employ our full resolve to every legal matter we take on. We adamantly believe in justice and the judicial system that enables mourning relatives to seek justice. When you retain Burger Law's survival action lawyers in Montgomery City, MO, we:

• Provide a thorough understanding of the law and the utmost level of legal representation
• Evaluate and develop your lawsuit with meticulous analysis and strategic planning
• Manage all legal proceedings, negotiation, and legal actions on your behalf
• Advocate for your rights and interests in the court system
• Provide empathetic emotional support as you and your family navigate this difficult time

Let Us Help You

If you think you have a survival action claim in Montgomery City, MO, contact Burger Law at (314) 500-HURT now. We provide a complimentary initial consultation to discuss your lawsuit, discuss your options and elaborate on how we will fight for your loved ones. You do not pay until we win your case. Let us support you in pursuing the justice that your cherished ones deserve. Contact us today to begin the process.

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

Survival action claims serve as a critical legal recourse to guarantee justice amidst an untimely death. With Burger Law's support, you and your Montgomery City, MO family can obtain the justice and full financial recovery that your loved one was owed. Speak with an experienced Montgomery City, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary consultation.