Survival Action Lawyer in Phelps County, MO

Survival action lawyer in Phelps County, MO. If someone you love passed away after getting injured by someone else's negligence, one can still pursue justice and a comprehensive financial recovery with Burger Law's Phelps 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 loved one is fatally injured due to the fact that another person broke the rules, we can strive for financial compensation for your sorrow, financial support loss and funeral expenses in a wrongful death lawsuit. This action provides financial help to families for their relative's death. But, in many cases, your dear one might have an ongoing claim for injury, whether that injury eventually led to their death or otherwise. Survival actions, regulated by particular Missouri laws, permit personal injury claims to continue even though the death of your dear one. The aim behind survival claims is to ensure that the negligent party is held responsible for their actions, and that justice is obtained, in spite of the death of your hurt dear one.

Burger Law is a respected Phelps County, MO personal injury law firm that is dedicated to wrongful death and survival action claims. With our many years of fighting for justice, we have effectively recovered over $200 million for our clients in Phelps County and throughout Missouri. When faced with the tragic death of a loved one, the last thing you might wish to think about is the complexities of the legal system. Nevertheless, comprehending your rights and the available mechanisms to obtain justice is certainly crucial. If you have lost someone you hold dear too soon, speak with a survival action lawyer in Phelps County, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Phelps 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 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 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 main objective 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 Phelps County, MO?

Although survival actions and wrongful death claims in Phelps County, MO may appear similar, they are fundamentally different in terms of the losses they aim to recover.

• Survival actions seek to recover the damages that the deceased could have pursued had they survived, such as healthcare costs, lost earnings, and pain and suffering from the time of injury until death. Compensation is granted to your relative's estate and then allocated based on their will. You can seek punitive damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims aim to recompense the family members of the deceased for their sorrow. This could include funeral and burial expenses, loss of economic support, and loss of camaraderie and advice. Compensation is awarded directly to bereaved loved ones.

In many cases, when an when an incident or injury leads to someone's death but the person does not die at the site, you might (and should) present a survival action and wrongful death claim together. As knowledgeable Phelps County, MO wrongful death and survival action lawyers, Burger Law can help you in navigating both cases to their .

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

Survival action claims in Phelps County, MO are initiated 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:

• A person or persons identified as the personal representative in your deceased's will
• If the individual or individuals designated are disqualified for any reasons, should there is no personal representative mentioned in the will or if there is no will, then:
  • The partner
  • A person with a legal right to part of the estate that the court feels will "oversee and conserve" the estate well
  • A individual selected by the court
  • A person nominated by other people named in the will

Our Phelps County, MO survival action attorneys can help you determine who is the personal representative in your loved one's case, or designate yourself as the personal representative if the legislation and your circumstance it.

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

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

• Healthcare expenses gathered between the date of injuries and your relative's death
• Missed earnings or decreased income if your loved one's injuries altered their ability to earn a living before their death
• Property damage
• Pain and suffering and emotional distress caused by the accident that your relative experienced before death

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

The total value of your survival action claim in Phelps County, MO is greatly reliant on the unique conditions surrounding your relative's injuries and death. Significant factors are:

• The extent of medical care received
• The amount of money lost from not being able to perform job functions
• The duration your family member suffered from their injuries before they died
• In case your family member had a part in their injuries at all
• The amount of insurance coverage available

Part of a survival action lawyer's job is to completely calculate the extent of your loved one's damages and demand the full sum in a financial recovery. At Burger Law, our Phelps County, MO survival action and wrongful death lawyers carry out a full investigation into your case to make sure you are compensated to the highest level possible.

Statute of Limitations for Phelps 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 act promptly, as missing the deadline can result in in forfeiting your ability to make a claim.

How to File a Survival Action Claim in Phelps County, MO

Filing a survival action claim in Phelps County, MO is a process that requires thorough 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, selecting a personal representative for your departed loved one's estate is essential. This appointment can be established either as per their will or through a formal appointment.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is vital to seek advice from a lawyer proficient in tort or wrongful death cases. They can lead you through the legal process, ensure compliance with the statute of limitations, and fight for your rights in court. Most accidental death and personal injury lawyers offer free consultations, providing you no reason never to speak to an attorney before moving forward.
• File a complaint — The personal representative, with the assistance of legal counsel, will initiate a complaint in a Missouri court. This court filing will present the facts of the case, point out the parties participating, and state the damages desired.

Upon the submission of your claim, your Phelps County, MO Burger Law attorney specializing in survival actions will take charge of the litigation process on your behalf, remaining steadfastly by your side until you and your family receive the utmost compensation

Gathering Necessary Evidence

Collecting evidence is a key factor of a claim for survival action in Phelps County, MO, and your attorney for survival action will help in identifying and obtaining the needed evidence. This might entail:

• Medical records and bills to comprehensively document the severity of the injury and the medical interventions required
• Wage and employment records to conclusively show lost earnings due to the injury
• Expert testimony, including statements by medical professionals, to establish the reason and degree of the injury
• Witnesses who can corroborate to the events surrounding the injury

The Importance of Legal Representation

While it is feasible in theory to file a claim for survival action without an lawyer, the intricacies in legal matters and procedural intricacies make it challenging if you lack legal training. An knowledgeable attorney like those at Burger Law will provide significant direction, represent your claims, and enhance your probability of a positive outcome.

The optimal way to pursue a lawsuit involving survival action in Phelps County, MO? Hire Burger Law. We are determined to secure a complete economic compensation for the damages and suffering your dear one endured. Let us manage the legal facet of your legal matter while you and your loved ones focus on grieving and healing.

Legal Representation for Phelps County, MO Survival Action Claims

Grieving the passing of a person you love about is constantly demanding, and it can be made even more challenging when attempting to navigate complex legal matters. Submitting and winning in a claim for survival action necessitates a profound grasp of the legal system, careful collection of proof, months, and occasionally even years of your time, and the ability to successfully plead in a courtroom. Taking into account these difficulties, it is vital to seek professional legal assistance to ensure that justice is administered.

Importance of Legal Representation

In claims for survival action, having an attorney can make a significant difference. Lawyers focusing in personal injury and wrongful death law possess the understanding and know-how to handle the nuances of these claims, assuring that the liable parties are made accountable and obtaining the optimal financial recovery for your loved ones. 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 dedicated to personal injury and wrongful death cases, we are devoted to assisting our individuals in dealing with the demanding path towards justice. We understand the intricacies of survival action claims, and we utilize our full resolve to every legal matter we undertake. We strongly believe in justice and the civil court system that empowers mourning relatives to pursue justice. When you retain Burger Law's survival action lawyers in Phelps County, MO, we:

• Provide a comprehensive understanding of the law and the topmost level of legal counsel
• Evaluate and develop your lawsuit with careful assessment and strategic planning
• Manage all legal processes, bargaining, and court proceedings on your side
• Fight for your rights and interests in court
• Provide compassionate emotional support as you and your family deal with this difficult time

Let Us Help You

If you think you have a survival action claim in Phelps County, MO, contact Burger Law at (314) 500-HURT immediately. We offer a free initial consultation to talk about your case, review your options and elaborate on how we will battle for your loved ones. You do not pay until we win your case. Let us support you in seeking the justice that your beloved ones merit. Contact us today to initiate the process.

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

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

Survival action claims serve as a essential legal recourse to ensure justice amidst an untimely passing. With Burger Law's help, you and your Phelps County, MO family can obtain the justice and complete compensation that your loved one was owed. Speak with an experienced Phelps County, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a free consultation.