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Survival Action Lawyer in Park Hills, MO
Survival action lawyer in Park Hills, MO. If someone dear to your heart has left us after being injured due to someone else's negligence, you can still pursue justice and a comprehensive financial recovery with Burger Law's Park Hills, 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 killed due to the fact that another individual didn't follow the rules, we may pursue financial compensation for your sorrow, financial support loss and funeral expenses in a wrongful death lawsuit. This gives compensation to families for their loved one's death. But, in many cases, your dear one may have an ongoing personal injury claim, whether that injury led to their death or not. Survival claims, governed by specific Missouri laws, allow injury claims to persist even though the death of your dear one. The intention behind survival actions is to ensure that the careless party is held responsible for their actions, and that justice is achieved, regardless of the death of your wounded dear one.
Burger Law is a renowned Park Hills, MO personal injury law firm that specializes in wrongful death and survival action claims. With our three decades of fighting for justice, we have efficiently recovered over $200 million for our clients in Park Hills and throughout Missouri. When faced with the heartbreaking loss of a family member, the last thing you might wish to think about is the legal process. Nevertheless, understanding your rights and the available mechanisms to seek justice is absolutely crucial. If you have lost someone you love prematurely, speak with a survival action lawyer in Park Hills, MO today at (314) 500-HURT or contact us online for a cost-free consultation.
What Is a Survival Action in Park Hills, 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 endure 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 carelessness of another and later dies, their appointed 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 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 given out according to their will or Missouri intestacy laws.
What Is the Difference Between Survival Action and Wrongful Death Claims in Park Hills, MO?
Although survival actions and wrongful death claims in Park Hills, MO may appear similar, they are fundamentally different in terms of the damages they seek to recover.
- Survival actions seek to recover the damages that the deceased could have pursued had they lived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is granted to your loved one's estate and then distributed 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 reimburse the relatives of the deceased for their losses. This could include funeral costs and burial fees, absence of financial support, and loss of companionship and counsel. Compensation is provided directly to bereaved loved ones.
In many cases, when an when an incident or injury results in someone's death but the person does not die at the place, you could (and ought to) file a survival action and wrongful death claim concurrently. As seasoned Park Hills, MO wrongful death and survival action advocates, Burger Law can help you in navigating both cases to their conclusion.
Who Can File a Survival Action Claim in Park Hills, MO?
Survival action claims in Park Hills, 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 could include:
- A person or people designated as the personal representative in your deceased's will
- Should the person or people designated are ineligible for any reasons, should there is no personal representative specified in the will or if there is no will, then:
- The husband or wife
- Someone with a legal entitlement to part of the estate that the court considers will "manage and preserve" the estate well
- A individual designated by the court
- A person nominated by other people named in the will
Our Park Hills, MO survival action attorneys can help you find out who is the personal representative in your relative's case, or appoint yourself as the personal representative if the law and your circumstance it.
Damages Available in a Survival Action Claim in Park Hills, MO
The compensation you can seek in a survival action case in Park Hills, MO is similar to that of a personal injury case. Generally, your damages include:
- Healthcare expenses collected between the date of injuries and your family member's death
- Lost income 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 mental anguish caused by the injuries that your relative experienced before death
How Much Is My Park Hills, MO Survival Action Claim Worth?
Calculating your survival claim damages in Park Hills, MO is heavily contingent on the distinct situations surrounding your relative's injuries and death. Vital factors are:
- The extent of medical attention obtained
- The amount of money lost from not being able to work
- The length of time your relative suffered from their injuries before they died
- Should your family member contributed to their injuries in any way
- The level of insurance coverage available
Part of a survival action lawyer's job is to fully determine the magnitude of your family member's damages and demand the full sum in compensation. At Burger Law, our Park Hills, MO survival action and wrongful death lawyers conduct a full investigation into your case to make sure you are paid to the highest level possible.
Statute of Limitations for Park Hills, 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 due date can lead to in sacrificing your ability to make a claim.
How to File a Survival Action Claim in Park Hills, MO
Filing a survival action claim in Park Hills, MO is a process that requires careful attention to legal processes 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 departed loved one's estate is essential. This appointment can be established either according to their will or through a court appointment.
- Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is imperative to seek advice from a lawyer expertise in injury or wrongful death cases. They can assist you through the legal process, make certain compliance with the statute of limitations, and advocate for your rights in court. Most unintentional death and physical injury lawyers offer free consultations, providing you no reason never to speak 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 detail the particulars of the lawsuit, identify the individuals participating, and particularize the damages sought after.
Once your claim is filed, your Burger Law Park Hills, 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 factor of a lawsuit involving survival action in Park Hills, MO, and your survival action lawyer will support in discovering and obtaining the needed evidence. This might entail:
- Medical records and bills to adequately detail the scope of the injury and the medical care interventions necessary
- Wage and employment records to conclusively show income loss due to the injury
- Expert testimony, such as statements by medical professionals, to confirm the reason and degree of the harm
- Witnesses who can corroborate to the circumstances related to the accident
The Importance of Legal Representation
While it is technically possible to initiate a claim for survival action without an lawyer, the complications in legal matters and procedural complexities make it challenging if you don't have legal expertise. An experienced lawyer like those at Burger Law will provide significant assistance, represent your claims, and increase your chances of a favorable claim.
The best way to submit a lawsuit involving survival action in Park Hills, MO? Count on Burger Law. We are determined to obtain a complete financial compensation for the damages and anguish your beloved one endured. Let us manage the legal aspect of your lawsuit while you and your family focus on grieving and healing.
Legal Representation for Park Hills, MO Survival Action Claims
Grieving the departure of an individual you hold dear about is always difficult, and it can be made even further trying when attempting to navigate complex legal matters. Submitting and winning in a lawsuit involving survival action necessitates a thorough grasp of the law, diligent gathering of evidence, weeks, and occasionally even years of your effort, and the ability to effectively plead in a courtroom. Given these challenges, it is essential to seek specialized legal assistance to make sure that fairness is served.
Importance of Legal Representation
In lawsuits involving survival action, having legal representation can make a considerable difference. Lawyers specializing in personal injury and wrongful death law carry the knowledge and proficiency to navigate the intricacies of these claims, assuring 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 fully 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 customers in navigating the difficult journey towards justice. We understand the details of survival action claims, and we employ our entire commitment to every lawsuit we handle. We firmly endorse in justice and the judicial system that enables bereaved relatives to pursue justice. When you retain Burger Law's survival action lawyers in Park Hills, MO, we:
- Provide a comprehensive understanding of the law and the topmost level of legal representation
- Evaluate and develop your lawsuit with careful examination and well-thought-out planning
- Manage all legal proceedings, negotiation, and litigation on your side
- Advocate for your rights and interests in a courtroom
- Provide compassionate emotional support as you and your family deal with this trying time
Let Us Help You
If you believe you have a survival action claim in Park Hills, MO, call Burger Law at (314) 500-HURT now. We provide a free initial consultation to talk about your case, discuss your options and explain how we will fight for your family. You do not pay until we win your case. Let us help you in going after the justice that your cherished ones merit. Contact us today to initiate the process.
Other types of cases we take on and win in Park Hills, MO include:
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Speak to a Survival Action Lawyer in Park Hills, MO Today
Survival action claims represent a essential legal recourse to secure justice when confronted with an untimely passing. With Burger Law's support, you and your Park Hills, MO family can obtain the justice and full financial recovery that your family member was owed. Contact an experienced Park Hills, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary consultation.