Survival Action Lawyer in Potosi, MO

Survival action lawyer in Potosi, MO. If a family member has gone to a better place after getting injured due to someone else's carelessness, you can still seek justice and a comprehensive financial compensation with Burger Law's Potosi, 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.

If a dearly beloved is tragically killed since another person broke the rules, we may seek financial compensation for your heartache, loss of support and funeral costs in a wrongful death lawsuit. This compensates families for their relative's death. Nonetheless, in many cases, your loved one may have an ongoing injury claim, regardless of whether that injury led to their death or otherwise. Survival actions, controlled by specific Missouri laws, permit injury claims to persist even after the demise of your relative. The aim behind survival actions is to ensure that the careless party is held responsible for their actions, and that justice is obtained, despite the death of your hurt family member.

Burger Law is a renowned Potosi, MO personal injury law firm that focuses on wrongful death and survival action claims. With our 30 of fighting for justice, we have effectively recovered over $200 million for our clients in Potosi and throughout Missouri. When faced with the unfortunate loss of a family member, the last thing you might want to contemplate is the legal process. Nevertheless, understanding your rights and the available mechanisms to seek justice is certainly crucial. If you have lost someone you love prematurely, speak with a survival action lawyer in Potosi, MO today at (314) 500-HURT or contact us online for a no-cost consultation.

What Is a Survival Action in Potosi, 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 carelessness 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 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 continue 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 Potosi, MO?

Even though survival actions and wrongful death claims in Potosi, MO seem to be alike, they are essentially different in terms of the compensation they strive to recover.

• Survival actions seek 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 allotted to your loved one's estate and then distributed based on their will. You can seek additional damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims endeavor to compensate the relatives of the deceased for their losses. This may include funeral and burial expenses, loss of economic support, and loss of camaraderie and advice. Compensation is granted directly to grieving family members.

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

Who Can File a Survival Action Claim in Potosi, MO?

Survival action claims in Potosi, 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:

• An individual or persons designated as the personal representative in your deceased's will
• When the individual or individuals designated are unfit for any reasons, when there is no personal representative mentioned in the will or if there is no will, then:
  • The partner
  • An individual with a lawful claim to part of the estate that the court feels will "oversee and conserve" the estate well
  • A person designated by the court
  • A person nominated by other persons named in the will

Our Potosi, MO survival action attorneys can help you discover who is the personal representative in your loved one's case, or designate yourself as the personal representative if the legalities and your situation it.

Damages Available in a Survival Action Claim in Potosi, MO

The compensation you can pursue in a survival action case in Potosi, MO is comparable to that of a personal injury case. Typically, your losses include:

• Medical costs collected between the date of injuries and your loved one's death
• Lost income or reduced wages if your family member's injuries altered their ability to generate income before their death
• Destruction of property
• Pain and suffering and emotional distress caused by the injuries that your relative experienced before death

How Much Is My Potosi, MO Survival Action Claim Worth?

Calculating your survival claim damages in Potosi, MO is heavily dependent on the specific conditions surrounding your family member's damages and death. Important factors are:

• The amount of medical attention received
• The amount of money lost from not being able to earn a living
• The period your family member suffered from their injuries before they passed away
• Whether your family member had a part in their injuries in any way
• The insurance policy limits

One thing a survival action lawyer does is to completely assess the magnitude of your relative's damages and demand the full total in a settlement. At Burger Law, our Potosi, MO survival action and wrongful death attorneys perform a full examination into your case to make sure you are paid to the greatest extent possible.

Statute of Limitations for Potosi, 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 act 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 Potosi, MO

Filing a survival action claim in Potosi, MO is a process that requires meticulous 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, 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 formal appointment.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is imperative to talk to a lawyer expertise in personal injury or wrongful death cases. They can lead you through the legal process, guarantee compliance with the statute of limitations, and defend for your rights in court. Most wrongful death and personal injury lawyers give free consultations, affording you no reason never to discuss to an attorney before proceeding.
• File a complaint — The personal representative, with the assistance of legal counsel, will commence a complaint in a Missouri court. This legal paper will detail the facts of the case, point out the entities participating, and state the reparation requested.

Once your claim is officially lodged, your Burger Law lawyer for survival actions in Potosi, MO will manage all aspects of the litigation process, providing unwavering support until you and your loved ones obtain the maximum possible compensation

Gathering Necessary Evidence

Collecting evidence is a crucial factor of a claim for survival action in Potosi, MO, and your survival action lawyer will support in recognizing and finding the needed evidence. This might entail:

• Medical records and bills to comprehensively document the severity of the injury and the medical procedures required
• Wage and employment records to clearly demonstrate income loss due to the harm
• Expert testimony, such as statements by healthcare specialists, to verify the reason and extent of the harm
• Witnesses who can corroborate to the circumstances surrounding the injury

The Importance of Legal Representation

While it is feasible in theory to submit a survival action claim without an lawyer, the intricacies in legal matters and procedural complexities make it demanding if you lack legal training. An seasoned attorney like those at Burger Law will provide priceless guidance, represent your interests, and improve your probability of a positive outcome.

The most effective way to file a claim for survival action in Potosi, MO? Rely on Burger Law. We will obtain a total monetary compensation for the injuries and anguish your dear one experienced. Let us take care of the legal dimension of your legal matter while you and your loved ones focus on mourning and recovering.

Legal Representation for Potosi, MO Survival Action Claims

Grieving the passing of an individual you care about is always difficult, and it can be made even further trying when endeavoring to handle legal complexities. Initiating and winning in a lawsuit involving survival action requires a profound grasp of the legal system, meticulous collection of evidence, weeks, and occasionally even years of your energy, and the capability to efficiently argue in court. Considering these difficulties, it is crucial to search for specialized legal assistance to make sure that justice is administered.

Importance of Legal Representation

In lawsuits involving survival action, retaining legal representation can make a significant difference. Lawyers specializing in personal injury and wrongful death law possess the understanding and know-how to maneuver the nuances of these claims, guaranteeing that the liable parties are made responsible and securing the maximum compensation for your family. 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 attorney group specializing in personal injury and wrongful death cases, we are committed to helping our individuals in navigating the challenging journey to justice. We understand the intricacies of survival action claims, and we bring our complete dedication to every case we take on. We adamantly advocate in equity and the legal system that enables mourning family members to seek justice. When you retain Burger Law's survival action lawyers in Potosi, MO, we:

• Provide a thorough understanding of the law and the topmost level of legal advocacy
• Evaluate and develop your lawsuit with careful examination and well-thought-out planning
• Take care of all legal procedures, negotiation, and court proceedings on your part
• Advocate for your rights and interests in the court system
• Provide empathetic emotional support as you and your family navigate this challenging time

Let Us Help You

If you believe you have a survival action claim in Potosi, MO, reach out to Burger Law at (314) 500-HURT now. We provide a no-cost initial consultation to talk about your legal matter, consider your options and elaborate on how we are determined to fight for your loved ones. You do not pay until we win your case. Allow us support you in seeking the justice that your cherished ones deserve. Contact us today to initiate the process.

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

Survival action claims serve as a vital legal avenue to ensure justice when confronted with an untimely death. With Burger Law's support, you and your Potosi, MO family can seek the justice and complete compensation that your family member was owed. Reach out to an experienced Potosi, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary consultation.