Survival Action Lawyer in Pleasant Hill, MO

Survival action lawyer in Pleasant Hill, MO. If someone you love has gone to a better place after being injured by someone else's negligence, one can still pursue justice and a comprehensive financial compensation with Burger Law's Pleasant Hill, 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.

If a family member is killed due to the fact that another person didn't follow the rules, we can request financial compensation for your sorrow, financial support loss and burial expenses in a wrongful death lawsuit. This action provides financial help to families for their family member's death. However, in many cases, your loved one may have an existing personal injury claim, whether or not this injury was their cause of death or not. Survival claims, guided by particular Missouri laws, permit personal injury claims to continue despite the demise of your relative. The purpose behind survival actions is to guarantee that the negligent party is held accountable for their actions, and that justice is realized, in spite of the death of your hurt family member.

Burger Law is a well-known Pleasant Hill, MO personal injury law firm that focuses on wrongful death and survival action claims. With our many years of fighting for justice, we have successfully recovered over $200 million for our clients in Pleasant Hill and throughout Missouri. When faced with the heartbreaking death of a loved one, the last thing you might wish to contemplate is the complexities of the legal system. Nevertheless, understanding your rights and the available mechanisms to seek justice is undeniably crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in Pleasant Hill, MO today at (314) 500-HURT or contact us online for a no-cost consultation.

What Is a Survival Action in Pleasant Hill, 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 persist despite the death of the person entitled to damages or liable to the cause of action. Put simply, if a person sustains an injury due to the recklessness of another and later dies, their personal representative can commence a survival action to recoup damages incurred from the time of injury until their loved one's demise. This remains true regardless of whether the injury directly caused their death or not.

The main intention behind survival actions is to ensure that justice is served. If an injured person is unable to pursue 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 distributed according to their will or Missouri intestacy laws.

What Is the Difference Between Survival Action and Wrongful Death Claims in Pleasant Hill, MO?

Though survival actions and wrongful death claims in Pleasant Hill, MO could look similar, they are intrinsically different in terms of the losses they aim to recover.

• Survival actions strive 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 awarded to your loved one's estate and then allocated based on their will. You can seek exemplary damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims aim to compensate the loved ones of the deceased for their loss. This may include funeral and burial expenses, lack of monetary help, and loss of companionship and guidance. Compensation is granted directly to grieving kin.

In many cases, when an when an event or injury leads to someone's death but the person does not die at the location, you could (and ought to) file a survival action and wrongful death claim simultaneously. As skilled Pleasant Hill, MO wrongful death and survival action lawyers, Burger Law can help you in overseeing both cases to their conclusion.

Who Can File a Survival Action Claim in Pleasant Hill, MO?

Survival action claims in Pleasant Hill, MO are filed 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 persons identified as the personal representative in your relative's will
• If the individual or individuals designated are ineligible for any reasons, when there is no personal representative identified 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 believes will "oversee and conserve" the estate well
  • A person chosen by the court
  • A individual nominated by other individuals named in the will

Our Pleasant Hill, MO survival action attorneys can help you determine who is the personal representative in your loved one's case, or appoint yourself as the personal representative if the legislation and your situation it.

Damages Available in a Survival Action Claim in Pleasant Hill, MO

The financial recovery you can seek in a survival action case in Pleasant Hill, MO is comparable to that of a personal injury case. Generally, your expenses comprise:

• Healthcare expenses gathered between the date of injuries and your relative's death
• Lost wages or lowered earnings if your loved one's injuries altered their ability to provide for themselves and family before their death
• Property damage
• Pain and suffering and emotional distress caused by the accident that your loved one experienced before death

How Much Is My Pleasant Hill, MO Survival Action Claim Worth?

Calculating your survival claim damages in Pleasant Hill, MO is largely reliant on the distinct circumstances surrounding your loved one's damages and death. Vital factors are:

• The extent of healthcare received
• The amount of money lost from not being able to work
• The duration your relative suffered from their injuries before they died
• If your family member contributed partly to their injuries in any way
• The insurance policy limits

Part of a survival action lawyer's job is to completely calculate the range of your relative's damages and demand the full total in a financial recovery. At Burger Law, our Pleasant Hill, MO survival action and wrongful death lawyers carry out a full examination into your case to guarantee you are reimbursed to the maximum degree possible.

Statute of Limitations for Pleasant Hill, 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 move forward promptly, as missing the deadline can lead to in losing your right to pursue a financial recovery.

How to File a Survival Action Claim in Pleasant Hill, MO

Filing a survival action claim in Pleasant Hill, MO is a process that requires careful 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, choosing 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.
• Consult with a lawyer — 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 guide you through the legal process, make certain compliance with the statute of limitations, and fight for your rights in court. Most accidental death and personal injury lawyers provide free consultations, affording you no reason to not speak to an attorney before proceeding.
• File a complaint — The personal representative, with the help of an attorney, will initiate a legal claim in a Missouri court. This court filing will lay out the particulars of the case, point out the entities engaged, and enumerate the remedies desired.

After filing your claim, your Burger Law Pleasant Hill, 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 component of a lawsuit involving survival action in Pleasant Hill, MO, and your attorney for survival action will support in identifying and locating the required evidence. This may encompass:

• Medical records and bills to comprehensively document the scope of the injury and the medical interventions necessary
• Wage and employment records to conclusively show income loss due to the injury
• Expert testimony, such testimonies from medical experts, to establish the root and degree of the injury
• Witnesses who can verify to the conditions related to the accident

The Importance of Legal Representation

While it is technically possible to initiate a lawsuit involving survival action without an legal representative, the intricacies in legal affairs and procedural intricacies make it challenging if you don't have legal training. An seasoned attorney like those at Burger Law will offer precious direction, advocate for your interests, and increase your chances of a positive claim.

The optimal way to submit a claim for survival action in Pleasant Hill, MO? Put your trust in Burger Law. We are determined to obtain a total economic recovery for the injuries and suffering your beloved one experienced. Let us take care of the legal aspect of your legal matter while you and your loved ones focus on grieving and recovering.

Legal Representation for Pleasant Hill, MO Survival Action Claims

Grieving the passing of an individual you care about is always difficult, and it can be made even further challenging when attempting to navigate complex legal matters. Submitting and winning in a survival action claim requires a thorough comprehension of the law, meticulous gathering of proof, months, and occasionally even years of your time, and the capacity to effectively argue in a courtroom. Considering these challenges, it is imperative to seek expert legal assistance to make sure that equity is delivered.

Importance of Legal Representation

In claims for survival action, possessing legal representation can make a considerable difference. Attorneys dedicating their practice in personal injury and wrongful death law have the expertise and proficiency to handle the intricacies of these claims, ensuring that the liable parties are made responsible and securing the optimal financial recovery for your family. 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 law firm specializing in personal injury and wrongful death cases, we are devoted to supporting our customers in navigating the challenging journey to justice. We understand the details of survival action claims, and we utilize our entire resolve to every legal matter we handle. We strongly believe in fairness and the legal system that empowers mourning kin to seek justice. When you hire Burger Law's survival action lawyers in Pleasant Hill, MO, we:

• Provide an extensive understanding of the law and the highest level of legal representation
• Evaluate and develop your lawsuit with careful assessment and systematic planning
• Manage all legal processes, negotiation, and litigation on your side
• Fight for your rights and interests in the court system
• Provide compassionate emotional support as you and your family face this trying time

Let Us Help You

If you believe you have a survival action claim in Pleasant Hill, MO, reach out to Burger Law at (314) 500-HURT right away. We provide a complimentary first consultation to talk about your case, discuss your options and explain how we will battle for your family. You do not pay until we win your case. Allow us assist you in going after the justice that your cherished ones merit. Contact us today to begin the process.

Other types of cases we take on and win in Pleasant Hill, MO include:

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

Survival action claims serve as a critical legal avenue to secure justice in the face of an untimely passing. With Burger Law's help, you and your Pleasant Hill, MO family can seek the justice and complete compensation that your loved one was owed. Reach out to an experienced Pleasant Hill, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary consultation.