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Survival Action Lawyer in Pike County, MO
Survival action lawyer in Pike County, MO. If someone dear to your heart passed away after getting injured due to someone else's negligence, one can still pursue justice and a comprehensive financial compensation with Burger Law's Pike County, MO survival action and wrongful death attorneys. Set up a free consultation today by getting in touch at (314) 500-HURT or completing our online contact form.
In the event that a family member is tragically killed because another individual violated the rules, we may seek compensation for your heartache, financial support loss and burial expenses in a wrongful death lawsuit. This reimburses families for their relative's death. However, in many cases, your relative might have an pre-existing personal injury claim, no matter if this injury resulted to their death or otherwise. Survival claims, controlled by particular Missouri laws, permit personal injury claims to proceed despite the demise of your loved one. The aim behind survival actions is to ensure that the reckless party is held responsible for their actions, and that justice is accomplished, despite the death of your injured dear one.
Burger Law is a respected Pike County, MO personal injury law firm that is dedicated to wrongful death and survival action claims. With our 30 of fighting for justice, we have successfully recovered over $200 million for our clients in Pike County and throughout Missouri. When faced with the unfortunate death of a loved one, the last thing you might wish to contemplate is the legal process. Nevertheless, understanding your rights and the available mechanisms to seek justice is undoubtedly crucial. If you have lost someone you hold dear before their time, speak with a survival action lawyer in Pike County, MO today at (314) 500-HURT or contact us online for a complimentary consultation.
What Is a Survival Action in Pike 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 death 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 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 remains 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 given out according to their will or Missouri intestacy laws.
What Is the Difference Between Survival Action and Wrongful Death Claims in Pike County, MO?
Though survival actions and wrongful death claims in Pike County, MO might seem alike, they are essentially different in terms of the restitution they aim to recover.
- Survival actions aim to recover the damages that the deceased could have pursued had they lived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is granted to your deceased's estate and then dispersed based on their will. You can seek additional damages in a survival action claim but not in a wrongful death claim.
- Wrongful death claims seek to reimburse the family members of the deceased for their sorrow. This could include funeral costs and burial fees, loss of economic support, and loss of camaraderie and advice. Compensation is provided directly to bereaved kin.
In many cases, when an when an accident or injury leads to someone's death but the person does not die at the place, you can (and ought to) lodge a survival action and wrongful death claim at the same time. As skilled Pike County, MO wrongful death and survival action counselors, Burger Law can aid you in navigating both cases to their .
Who Can File a Survival Action Claim in Pike County, MO?
Survival action claims in Pike County, MO are submitted on behalf 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 individuals identified as the personal representative in your relative's will
- Should the person or persons designated are ineligible 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 considers will "maintain and protect" the estate well
- A individual designated by the court
- A person nominated by other individuals named in the will
Our Pike County, MO survival action lawyers can help you discover who is the personal representative in your relative's case, or establish yourself as the personal representative if the legalities and your situation allows it.
Damages Available in a Survival Action Claim in Pike County, MO
The financial recovery you can make a claim for in a survival action case in Pike County, MO is comparable to that of a personal injury case. Usually, your losses include:
- Medical costs collected between the date of injuries and your loved one's death
- Lost income or decreased income if your relative's injuries affected their ability to earn a living before their death
- Loss of property
- Pain and suffering and mental anguish caused by the injuries that your deceased experienced before death
How Much Is My Pike County, MO Survival Action Claim Worth?
The total value of your survival action claim in Pike County, MO is heavily reliant on the individual circumstances surrounding your family member's damages and death. Vital factors involve:
- The extent of healthcare received
- The amount of money lost from not being able to work
- The length of time your loved one suffered from their injuries before they passed away
- If your loved one had a part in their injuries in any way
- The amount of insurance coverage available
Part of a survival action lawyer's job is to thoroughly calculate the scope of your relative's damages and demand the full amount in a financial recovery. At Burger Law, our Pike County, MO survival action and wrongful death attorneys perform a full inquiry into your case to assure you are paid to the fullest extent possible.
Statute of Limitations for Pike 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 important to take action promptly, as missing the due date can result in in forfeiting your ability to make a claim.
How to File a Survival Action Claim in Pike County, MO
Filing a survival action claim in Pike County, MO is a process that requires meticulous attention to legal procedures and deadlines. The following steps can guide you through the process:
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 vital 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 defend for your rights in court. Most accidental death and physical injury lawyers provide free consultations, giving you no reason not to talk to an attorney before moving forward.
- File a complaint — The personal representative, with the help of an attorney, will initiate a legal claim in a Missouri court. This will detail the details of the case, name the individuals involved, and state the damages sought after.
After filing your claim, your Burger Law Pike 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 key element of a claim for survival action in Pike County, MO, and your attorney for survival action will support in discovering and locating the essential evidence. This might entail:
- Medical records and bills to adequately detail the severity of the injury and the healthcare treatments needed
- Wage and employment records to clearly demonstrate income loss due to the harm
- Expert testimony, such as statements by medical experts, to verify the reason and degree of the injury
- Witnesses who can attest 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 attorney, the intricacies in legal matters and procedural complexities make it challenging if you don't have legal training. An knowledgeable lawyer like those at Burger Law will offer invaluable assistance, advocate for your rights, and enhance your chances of a favorable claim.
The best way to submit a lawsuit involving survival action in Pike County, MO? Put your trust in Burger Law. We are determined to secure a total economic compensation for the injuries and suffering your beloved one experienced. Let us handle the legal aspect of your legal matter while you and your loved ones focus on grieving and healing.
Legal Representation for Pike County, MO Survival Action Claims
Grieving the passing of a person you love about is always challenging, and it can be made even more difficult when attempting to deal with complex legal matters. Initiating and winning in a claim for survival action necessitates a deep understanding of the legal system, meticulous accumulation of supporting documents, months, and sometimes even years of your time, and the ability to successfully argue in court. Taking into account these challenges, it is essential to look for expert legal assistance to make sure that justice is served.
Importance of Legal Representation
In survival action claims, possessing an attorney can make a substantial difference. Lawyers specializing in personal injury and wrongful death law carry the expertise and proficiency to handle the complexities of these claims, guaranteeing that the liable parties are held accountable and achieving the optimal financial recovery for your loved ones. 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 legal practice dedicated to personal injury and wrongful death cases, we are devoted to helping our customers in maneuvering the difficult journey towards justice. We understand the details of survival action claims, and we bring our complete commitment to every legal matter we handle. We adamantly believe in fairness and the judicial system that enables mourning kin to seek justice. When you hire Burger Law's survival action lawyers in Pike County, MO, we:
- Provide a thorough grasp of the law and the topmost level of legal advocacy
- Evaluate and build your case with careful assessment and well-thought-out planning
- Handle all legal procedures, bargaining, and litigation on your behalf
- Advocate for your rights and interests in court
- Provide sympathetic emotional support as you and your family navigate this trying time
Let Us Help You
If you believe you have a survival action claim in Pike County, MO, reach out to Burger Law at (314) 500-HURT immediately. We offer a free first consultation to discuss your case, discuss your options and explain 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 cherished ones are entitled to. Contact us today to initiate the process.
Other types of cases we take on and win in Pike County, MO include:
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Speak to a Survival Action Lawyer in Pike County, MO Today
Survival action claims serve as a essential legal avenue to guarantee justice amidst an untimely death. With Burger Law's support, you and your Pike County, MO family can pursue the justice and total financial recovery that your family member was owed. Speak with an experienced Pike County, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a complimentary consultation.