Survival Action Lawyer in Montgomery County, MO

Survival action lawyer in Montgomery County, MO. If a loved one passed away after getting injured because of someone else's negligence, one can still seek justice and a comprehensive financial recovery with Burger Law's Montgomery County, MO survival action and wrongful death attorneys. Arrange for a free consultation today by dialing our number at (314) 500-HURT or filling out our online contact form.

If a dearly beloved is hurt fatally because another person violated the rules, we can seek compensation for your grief, financial support loss and funeral expenses in a wrongful death lawsuit. Such action provides financial help to families for their family member's death. Nonetheless, in many cases, your relative might have an existing claim for injury, regardless of whether this injury was their cause of death or not. Survival claims, guided by specific Missouri laws, permit injury claims to proceed even after the death of your relative. The aim behind survival actions is to ensure that the negligent party is held accountable for their actions, and that justice is realized, notwithstanding the death of your injured relative.

Burger Law is a reputable Montgomery County, MO personal injury law firm that is dedicated to 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 Montgomery County and throughout Missouri. When faced with the devastating loss of a loved one, the last thing you might want 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 Montgomery County, MO today at (314) 500-HURT or contact us online for a complimentary consultation.

What Is a Survival Action in Montgomery 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 file a lawsuit – except those for defamation and malicious prosecution, shall continue despite the passing of the person eligible for damages or liable to the cause of action. Put simply, if a person sustains an injury due to the recklessness of another and subsequently passes away, their appointed representative can initiate 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 main intention behind survival actions is to ensure that justice is served. If an injured person is unable to pursue 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 County, MO?

While survival actions and wrongful death claims in Montgomery County, MO might seem alike, they are intrinsically different in terms of the compensation they seek 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 relative's estate and then dispersed based on their will. You can seek exemplary damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims seek to compensate the relatives of the deceased for their sorrow. This could include funeral and burial expenses, lack of financial support, and loss of companionship and guidance. Compensation is provided directly to grieving loved ones.

In many cases, when an when an event or injury leads to someone's death but the person does not die at the location, you can (and should) submit a survival action and wrongful death claim simultaneously. As seasoned Montgomery County, MO wrongful death and survival action advocates, Burger Law can assist you in overseeing both cases to their completion.

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

Survival action claims in Montgomery County, MO are submitted 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 may include:

• An individual or individuals designated as the personal representative in your loved one's will
• When the individual or persons designated are unfit for any reasons, if there is no personal representative specified in the will or if there is no will, then:
  • The partner
  • Someone with a legal entitlement to part of the estate that the court considers will "maintain and protect" the estate well
  • A individual selected by the court
  • A individual nominated by other people named in the will

Our Montgomery County, MO survival action attorneys can help you determine who is the personal representative in your family member's case, or establish yourself as the personal representative if the legislation and your situation allows it.

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

The compensation you can pursue in a survival action case in Montgomery County, MO is akin to that of a personal injury case. Typically, your costs encompass:

• Medical expenses accrued between the date of injuries and your family member's death
• Lost income or reduced wages if your loved one's injuries altered their ability to provide for themselves and family before their death
• Destruction of property
• Pain and suffering and emotional distress caused by the injuries that your loved one experienced before death

How Much Is My Montgomery County, MO Survival Action Claim Worth?

Calculating your survival claim damages in Montgomery County, MO is heavily reliant on the unique conditions surrounding your family member's damages and death. Crucial factors involve:

• The amount of medical attention received
• The amount of money lost from not being able to work
• The period your family member suffered from their injuries before they departed
• Whether your relative contributed to their injuries at all
• The amount of insurance coverage available

One thing a survival action lawyer does is to completely calculate the magnitude of your loved one's damages and demand the full amount in a settlement. At Burger Law, our Montgomery County, MO survival action and wrongful death attorneys execute a full investigation into your case to assure you are paid to the maximum degree possible.

Statute of Limitations for Montgomery 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 move forward 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 Montgomery County, MO

Filing a survival action claim in Montgomery County, MO is a process that requires meticulous attention to legal procedures and deadlines. Here's what you need to do:

Initiating a Survival Action Claim

• Appointing a personal representative — If not already designated, naming 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 formal appointment.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is imperative to talk to a lawyer proficient in injury 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 wrongful death and personal injury lawyers give free consultations, giving you no reason to not discuss to an attorney before taking further action.
• File a complaint — The personal representative, with the assistance of legal counsel, will initiate a complaint in a Missouri court. This will lay out the particulars of the case, name the entities engaged, and particularize the reparation requested.

After filing your claim, your Burger Law Montgomery 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 vital component of a lawsuit involving survival action in Montgomery County, MO, and your survival action lawyer will help in pinpointing and locating the essential evidence. This might entail:

• 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 income loss due to the harm
• Expert testimony, such as testimonies from healthcare specialists, to establish the reason and severity of the harm
• Witnesses who can verify to the conditions related to the injury

The Importance of Legal Representation

While it is theoretically achievable to file a survival action claim without an attorney, the intricacies in legal matters and procedural intricacies make it demanding if you lack legal expertise. An seasoned attorney like those at Burger Law will provide invaluable direction, represent your rights, and improve your probability of a favorable claim.

The best way to submit a survival action claim in Montgomery County, MO? Put your trust in Burger Law. We are determined to secure a complete monetary recovery for the damages and anguish your beloved one went through. Let us handle the legal dimension of your case while you and your loved ones concentrate on mourning and recovering.

Legal Representation for Montgomery County, MO Survival Action Claims

Grieving the loss of an individual you hold dear about is always demanding, and it can be made even further difficult when attempting to handle legal complexities. Filing and winning in a lawsuit involving survival action requires a thorough grasp of the law, meticulous gathering of proof, weeks, and occasionally even years of your time, and the capacity to successfully argue in court. Considering these difficulties, it is imperative to seek specialized legal aid to guarantee that fairness is administered.

Importance of Legal Representation

In lawsuits involving survival action, retaining an attorney can make a substantial difference. Attorneys dedicating their practice in personal injury and wrongful death law carry the knowledge and experience to navigate the intricacies of these claims, ensuring that the liable parties are made responsible and achieving the optimal financial recovery 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 attorney group specializing in personal injury and wrongful death cases, we are committed to assisting our clients in navigating the challenging journey towards justice. We understand the intricacies of survival action claims, and we utilize our complete dedication to every case we undertake. We strongly endorse in equity and the judicial system that empowers grieving kin to seek justice. When you retain Burger Law's survival action lawyers in Montgomery County, MO, we:

• Provide a comprehensive understanding of the law and the topmost level of legal advocacy
• Evaluate and build your lawsuit with meticulous assessment and systematic planning
• Take care of all legal processes, negotiation, and litigation on your part
• Advocate for your rights and interests in a courtroom
• Provide compassionate emotional support as you and your family face this trying time

Let Us Help You

If you think you have a survival action claim in Montgomery County, MO, call Burger Law at (314) 500-HURT right away. We provide a complimentary first consultation to talk about your legal matter, consider your options and detail 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 beloved ones are entitled to. Contact us today to initiate the process.

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

• Truck Crash Lawyers in Missouri
• Semi-Truck Accident Lawyer in Missouri

Survival action claims represent a essential legal avenue to guarantee justice in the face of an untimely passing. With Burger Law's support, you and your Montgomery County, MO family can obtain the justice and full financial recovery that your loved one deserved. Speak with an experienced Montgomery County, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.