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Survival Action Lawyer in North St. Louis County, MO
Survival action lawyer in North St. Louis County, MO. If a loved one has gone to a better place after getting injured by someone else's negligence, you can still pursue justice and a full financial compensation with Burger Law's North St. Louis 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 relative is tragically killed since another individual violated the rules, we can seek financial compensation for your heartache, financial support loss and burial costs in a wrongful death lawsuit. This reimburses families for their loved one's death. But, in many cases, your loved one may have an pre-existing personal injury claim, regardless of whether that injury eventually led to their death or not. Survival claims, governed by specific Missouri laws, let personal injury claims to persist despite the passing of your relative. The intention behind survival claims is to guarantee that the reckless party is held accountable for their actions, and that justice is achieved, despite the death of your wounded loved one.
Burger Law is a well-known North St. Louis County, MO personal injury law firm that focuses on wrongful death and survival action claims. With our many years of fighting for justice, we have efficiently recovered over $200 million for our clients in North St. Louis County and throughout Missouri. When faced with the unfortunate death of a loved one, the last thing you might wish to contemplate is the complexities of the legal system. Nevertheless, comprehending your rights and the available mechanisms to pursue justice is undoubtedly crucial. If you have lost someone you hold dear too soon, speak with a survival action lawyer in North St. Louis County, MO today at (314) 500-HURT or contact us online for a cost-free consultation.
What Is a Survival Action in North St. Louis 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 initiate a lawsuit – except those for defamation and malicious prosecution, shall persist 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 carelessness of another and later dies, their legal 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 objective behind survival actions is to ensure that justice is served. If an injured person is unable to proceed with 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 North St. Louis County, MO?
Although survival actions and wrongful death claims in North St. Louis County, MO seem to be alike, they are fundamentally distinct in terms of the compensation they aim to recover.
- Survival actions seek to recover the damages that the deceased could have pursued had they survived, such as medical expenses, lost wages, and pain and suffering from the time of injury until death. Compensation is granted to your deceased's estate and then allocated 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 compensate the family members 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 granted directly to mourning loved ones.
In many cases, when an when an accident or injury results in someone's death but the person does not die at the location, you might (and ought to) submit a survival action and wrongful death claim concurrently. As experienced North St. Louis County, MO wrongful death and survival action counselors, Burger Law can aid you in managing both cases to their .
Who Can File a Survival Action Claim in North St. Louis County, MO?
Survival action claims in North St. Louis County, MO are filed in representation of your family member'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:
- A person or persons designated as the personal representative in your deceased's will
- When the individual 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 husband or wife
- Someone with a lawful right to part of the estate that the court thinks will "care for and preserve" the estate well
- A individual designated by the court
- A person nominated by other persons named in the will
Our North St. Louis County, MO survival action attorneys can help you determine 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 permits it.
Damages Available in a Survival Action Claim in North St. Louis County, MO
The compensation you can make a claim for in a survival action case in North St. Louis County, MO is akin to that of a personal injury case. Generally, your losses incorporate:
- Medical costs 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
- Destruction of property
- Pain and suffering and psychological trauma caused by the injuries that your relative experienced before death
How Much Is My North St. Louis County, MO Survival Action Claim Worth?
The total value of your survival action claim in North St. Louis County, MO is greatly contingent on the individual circumstances surrounding your family member's damages and death. Significant factors are:
- The amount of medical treatment obtained
- The amount of money missed out on from not being able to earn a living
- The duration your family member suffered from their injuries before they passed away
- Whether your family member had a part in their injuries at all
- The insurance policy limits
One thing a survival action lawyer does is to thoroughly calculate the extent of your loved one's damages and demand the full quantity in a settlement. At Burger Law, our North St. Louis County, MO survival action and wrongful death lawyers perform a full investigation into your case to ensure you are recompensed to the maximum degree possible.
Statute of Limitations for North St. Louis 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 vital to proceed promptly, as missing the time limit can result in in losing your right to pursue a financial recovery.
How to File a Survival Action Claim in North St. Louis County, MO
Filing a survival action claim in North St. Louis County, MO is a process that requires thorough 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, selecting a personal representative for your departed loved one's estate is essential. This appointment can be established either according to 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 specializing in tort or wrongful death cases. They can lead you through the legal process, ensure compliance with the statute of limitations, and advocate for your rights in court. Most wrongful death and personal injury lawyers give free consultations, affording 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 legal paper will set forth the details of the matter, name the parties involved, and particularize the reparation requested.
Once your claim is filed, your Burger Law North St. Louis County, 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 crucial element of a lawsuit involving survival action in North St. Louis County, MO, and your attorney for survival action will support in identifying and obtaining the necessary evidence. This could involve:
- Medical records and bills to comprehensively document the extent of the damage and the medical treatments necessary
- Wage and employment records to conclusively show income loss due to the harm
- Expert testimony, including statements by medical professionals, to verify the cause and severity of the harm
- Witnesses who can attest to the events surrounding the accident
The Importance of Legal Representation
While it is feasible in theory to submit a survival action claim without an attorney, the intricacies in law proceedings and procedural complexities make it challenging if you don't have legal expertise. An skilled lawyer like those at Burger Law will offer priceless assistance, defend your rights, and improve your probability of a successful outcome.
The best way to pursue a survival action claim in North St. Louis County, MO? Put your trust in Burger Law. We will attain a full monetary compensation for the harm and anguish your beloved one experienced. Let us handle the legal aspect of your legal matter while you and your loved ones focus on mourning and healing.
Legal Representation for North St. Louis County, MO Survival Action Claims
Grieving the passing of someone you care about is constantly difficult, and it can be made even further trying when trying to handle legal complexities. Initiating and winning in a claim for survival action demands a profound comprehension of the legal framework, careful accumulation of supporting documents, months, and at times even years of your time, and the ability to efficiently advocate in court. Given these difficulties, it is essential to seek specialized legal aid to ensure that justice is served.
Importance of Legal Representation
In survival action claims, having legal representation can make a considerable difference. Lawyers dedicating their practice in personal injury and wrongful death law have the expertise and know-how to navigate the intricacies of these claims, assuring that the liable parties are held responsible and obtaining the maximum financial recovery 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 dedicated to personal injury and wrongful death cases, we are committed to assisting our individuals in dealing with the challenging path to justice. We understand the intricacies of survival action claims, and we bring our complete resolve to every legal matter we undertake. We adamantly believe in equity and the legal system that empowers bereaved family members to pursue justice. When you hire Burger Law's survival action lawyers in North St. Louis County, MO, we:
- Provide an extensive knowledge of the law and the utmost level of legal counsel
- Evaluate and develop your case with diligent assessment and well-thought-out planning
- Take care of all legal proceedings, discussion, and litigation on your side
- Champion for your rights and interests in a courtroom
- Provide sympathetic emotional support as you and your family deal with this challenging time
Let Us Help You
If you think you have a survival action claim in North St. Louis County, MO, call Burger Law at (314) 500-HURT right away. We offer a complimentary first consultation to discuss your legal matter, explore your options and explain how we will battle for your family. You do not pay until we win your case. Allow us support you in pursuing the justice that your beloved ones deserve. Contact us today to begin the process.
Other types of cases we take on and win in North St. Louis County, MO include:
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Speak to a Survival Action Lawyer in North St. Louis County, MO Today
Survival action claims serve as a vital legal option to ensure justice amidst an untimely death. With Burger Law's assistance, you and your North St. Louis County, MO family can pursue the justice and full compensation that your loved one was owed. Speak with an experienced North St. Louis County, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a complimentary consultation.