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Survival Action Lawyer in O'Fallon, MO
Survival action lawyer in O'Fallon, MO. If someone dear to your heart passed away after getting injured due to someone else's negligence, you can still pursue justice and a full financial recovery with Burger Law's O'Fallon, MO survival action and wrongful death attorneys. Set up a free consultation today by getting in touch at (314) 500-HURT or filling out our online contact form.
In the event that a dearly beloved is fatally injured because another individual didn't follow the rules, we can seek compensation for your grief, financial support loss and burial expenses in a wrongful death lawsuit. This action provides financial help to families for their relative's death. Yet, in many cases, your loved one may have an pre-existing claim for injury, whether or not that injury was their cause of death or not. Survival actions, regulated by particular Missouri laws, allow injury claims to continue even after the demise of your dear one. The purpose behind survival actions is to ensure that the negligent party is made accountable for their actions, and that justice is realized, despite the death of your hurt dear one.
Burger Law is a respected O'Fallon, MO personal injury law firm that focuses on wrongful death and survival action claims. With our 30 of fighting for justice, we have efficiently recovered over $200 million for our clients in O'Fallon and throughout Missouri. When faced with the unfortunate loss of a loved one, the last thing you might wish to contemplate is the legal process. Nevertheless, comprehending 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 O'Fallon, MO today at (314) 500-HURT or contact us online for a no-cost consultation.
What Is a Survival Action in O'Fallon, MO?
Missouri Revised Statutes §537.020 outlines the state's statute on survival actions. According to this statute, all causes of action – reasons to bring a lawsuit – except those for defamation and malicious prosecution, shall persist despite the demise of the person eligible for 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 legal representative can pursue 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 principal intention behind survival actions is to ensure that justice is served. If an injured person is unable to continue 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 O'Fallon, MO?
Though survival actions and wrongful death claims in O'Fallon, MO might seem alike, they are essentially different in terms of the compensation they strive to recover.
- Survival actions strive 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 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 endeavor to recompense the family members of the deceased for their sorrow. This might include funeral and burial expenses, lack of monetary help, and loss of companionship and guidance. Compensation is given directly to grieving family members.
In many cases, when an when an event or injury leads to someone's death but the person does not pass away at the site, you may (and ought to) file a survival action and wrongful death claim simultaneously. As knowledgeable O'Fallon, MO wrongful death and survival action advocates, Burger Law can help you in managing both cases to their .
Who Can File a Survival Action Claim in O'Fallon, MO?
Survival action claims in O'Fallon, MO are filed on behalf 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 individuals specified as the personal representative in your deceased's will
- If the individual or individuals designated are ineligible for any reasons, if there is no personal representative named in the will or if there is no will, then:
- The spouse
- Someone with a lawful claim to part of the estate that the court feels will "care for and preserve" the estate well
- A person designated by the court
- A individual nominated by other people named in the will
Our O'Fallon, MO survival action lawyers can help you find out who is the personal representative in your family member's case, or establish yourself as the personal representative if the legislation and your circumstance it.
Damages Available in a Survival Action Claim in O'Fallon, MO
The financial recovery you can pursue in a survival action case in O'Fallon, MO is comparable to that of a personal injury case. Usually, your expenses include:
- Healthcare expenses accrued between the date of injuries and your loved one's death
- Lost income or lowered earnings if your relative's injuries altered their ability to make a living before their death
- Loss of property
- Pain and suffering and emotional distress caused by the accident that your loved one experienced before death
How Much Is My O'Fallon, MO Survival Action Claim Worth?
The total value of your survival action claim in O'Fallon, MO is significantly reliant on the unique situations surrounding your relative's damages and death. Important factors include:
- The amount of medical treatment received
- The amount of money lost from not being able to work
- How long your loved one suffered from their injuries before they died
- In case your relative contributed to their injuries at all
- The sum of insurance coverage available
Part of a survival action lawyer's job is to entirely compute the scope of your family member's damages and demand the full sum in a financial recovery. At Burger Law, our O'Fallon, MO survival action and wrongful death lawyers perform a full examination into your case to guarantee you are reimbursed to the greatest extent possible.
Statute of Limitations for O'Fallon, 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 proceed promptly, as missing the time limit can result in in sacrificing your right to get a financial recovery.
How to File a Survival Action Claim in O'Fallon, MO
Filing a survival action claim in O'Fallon, 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, naming a personal representative for your departed 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 imperative to consult a lawyer expertise in injury or wrongful death cases. They can assist you through the legal process, ensure compliance with the statute of limitations, and fight for your rights in court. Most wrongful death and physical injury lawyers offer free consultations, providing you no reason not to speak to an attorney before proceeding.
- File a complaint — The personal representative, with the assistance of legal counsel, will initiate a lawsuit in a Missouri court. This legal paper will present the particulars of the case, name the entities engaged, and particularize the damages desired.
After filing your claim, your Burger Law O'Fallon, 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 essential component of a survival action claim in O'Fallon, 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 scope of the damage and the healthcare interventions needed
- Wage and employment records to clearly demonstrate income loss due to the injury
- Expert testimony, including testimonies from medical professionals, to verify the cause and severity of the harm
- Witnesses who can confirm to the events related to the accident
The Importance of Legal Representation
While it is theoretically achievable to file a claim for survival action without an lawyer, the complications in legal affairs and procedural intricacies make it challenging if you do not possess legal expertise. An skilled lawyer like those at Burger Law will provide invaluable assistance, defend your claims, and boost your likelihood of a favorable claim.
The best way to submit a claim for survival action in O'Fallon, MO? Put your trust in Burger Law. We are determined to attain a full monetary compensation for the damages and suffering your cherished one went through. Let us handle the legal facet of your lawsuit while you and your family concentrate on mourning and recovering.
Legal Representation for O'Fallon, MO Survival Action Claims
Grieving the loss of a person you love about is continuously challenging, and it can be made even more trying when endeavoring to handle legal complexities. Filing and winning in a claim for survival action requires a profound understanding of the law, careful gathering of supporting documents, months, and occasionally even years of your effort, and the capability to efficiently advocate in court. Given these challenges, it is imperative to look for professional legal aid to ensure that fairness is delivered.
Importance of Legal Representation
In survival action claims, possessing an attorney can make a considerable difference. Lawyers dedicating their practice in personal injury and wrongful death law carry the knowledge and experience to handle the intricacies of these claims, ensuring that the liable parties are held responsible and achieving the highest financial recovery for your loved ones. 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 legal practice dedicated to personal injury and wrongful death cases, we are committed to helping our clients in dealing with the demanding path to justice. We understand the intricacies of survival action claims, and we employ our entire commitment to every lawsuit we handle. We firmly endorse in equity and the legal system that enables bereaved family members to pursue justice. When you retain Burger Law's survival action lawyers in O'Fallon, MO, we:
- Provide a comprehensive knowledge of the law and the highest level of legal representation
- Evaluate and construct your lawsuit with diligent analysis and systematic planning
- Handle all legal proceedings, negotiation, and court proceedings on your side
- Champion for your rights and interests in a courtroom
- Provide sympathetic 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 O'Fallon, MO, contact Burger Law at (314) 500-HURT now. We provide a complimentary initial consultation to discuss your case, review your options and detail how we are determined to battle for your family. You do not pay until we win your case. Allow us help you in going after the justice that your beloved ones merit. Contact us today to initiate the process.
Other types of cases we take on and win in O'Fallon, MO include:
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Speak to a Survival Action Lawyer in O'Fallon, MO Today
Survival action claims represent a vital legal recourse to ensure justice amidst an untimely death. With Burger Law's support, you and your O'Fallon, MO family can seek the justice and total compensation that your family member deserved. Reach out to an experienced O'Fallon, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a no-cost consultation.