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Survival Action Lawyer in South St. Louis County, MO
Survival action lawyer in South St. Louis County, MO. If someone you love has gone to a better place after getting injured because of someone else's carelessness, you can still pursue justice and a full financial compensation with Burger Law's South St. Louis County, 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 loved one is hurt fatally because another individual broke the rules, we may pursue compensation for your grief, loss of support and burial expenses in a wrongful death lawsuit. This action provides financial help to families for their loved one's death. Nonetheless, in many cases, your dear one might have an pre-existing injury claim, whether that injury was their cause of death or not. Survival claims, guided by particular Missouri laws, let personal injury claims to continue even though the death of your loved one. The intent behind survival claims is to ensure that the reckless party is held accountable for their actions, and that justice is accomplished, in spite of the death of your injured family member.
Burger Law is a well-known South St. Louis County, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our many years of fighting for justice, we have efficiently recovered over $200 million for our clients in South St. Louis County and throughout Missouri. When faced with the unfortunate loss of a loved one, the last thing you might wish to think about is the legal process. Nevertheless, understanding your rights and the available mechanisms to pursue justice is undoubtedly crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in South St. Louis County, MO today at (314) 500-HURT or contact us online for a free consultation.
What Is a Survival Action in South St. Louis 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 bring a lawsuit – except those for defamation and malicious prosecution, shall continue despite the demise of the person entitled to 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 legal representative can initiate a survival action to recoup damages incurred from the time of injury until their loved one's death. This holds 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 proceed with 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 given out according to their will or Missouri intestacy laws.
What Is the Difference Between Survival Action and Wrongful Death Claims in South St. Louis County, MO?
Although survival actions and wrongful death claims in South St. Louis County, MO might seem alike, they are fundamentally different in terms of the compensation they aim to recover.
- Survival actions aim to recover the damages that the deceased could have recovered had they lived, such as medical expenses, lost wages, and pain and suffering from the time of injury until death. Compensation is awarded to your deceased'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 aim to reimburse the kin of the deceased for their losses. This could include funeral and burial expenses, absence of monetary help, and loss of companionship and guidance. Compensation is provided directly to grieving relatives.
In many cases, when an when an event or injury results in someone's death but the person does not pass away at the location, you can (and should) file a survival action and wrongful death claim at the same time. As skilled South St. Louis County, MO wrongful death and survival action counselors, Burger Law can help you in navigating both cases to their .
Who Can File a Survival Action Claim in South St. Louis County, MO?
Survival action claims in South St. Louis County, MO are initiated on behalf of your relative'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 deceased's will
- Should the individual or people designated are ineligible for any reasons, when there is no personal representative named 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 "oversee and conserve" the estate well
- A individual designated by the court
- A person nominated by other individuals named in the will
Our South St. Louis County, MO survival action lawyers can help you determine who is the personal representative in your loved one's case, or establish yourself as the personal representative if the legislation and your situation it.
Damages Available in a Survival Action Claim in South St. Louis County, MO
The financial recovery you can seek in a survival action case in South St. Louis County, MO is equivalent to that of a personal injury case. Generally, your damages include:
- Medical expenses collected between the date of injuries and your family member's death
- Missed earnings or decreased income if your family member's injuries altered their ability to provide for themselves and family before their death
- Destruction of property
- Pain and suffering and emotional distress caused by the accident that your relative experienced before death
How Much Is My South St. Louis County, MO Survival Action Claim Worth?
The total value of your survival action claim in South St. Louis County, MO is significantly contingent on the unique situations surrounding your family member's injuries and death. Crucial factors involve:
- The extent of medical treatment received
- The amount of money lost from not being able to engage in employment
- The period your family member suffered from their injuries before they passed away
- In case your loved one added to their injuries in any way
- The amount of insurance coverage available
One thing a survival action lawyer does is to completely determine the scope of your family member's damages and demand the full amount in a financial recovery. At Burger Law, our South St. Louis County, MO survival action and wrongful death attorneys conduct a full investigation into your case to make sure you are recompensed to the greatest extent possible.
Statute of Limitations for South St. Louis 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 crucial to act promptly, as missing the deadline can lead to in losing your ability to make a claim.
How to File a Survival Action Claim in South St. Louis County, MO
Filing a survival action claim in South St. Louis County, MO is a process that requires thorough 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 according to 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 talk to a lawyer proficient in personal injury or wrongful death cases. They can assist you through the legal process, make certain compliance with the statute of limitations, and fight for your rights in court. Most unintentional death and personal injury lawyers provide free consultations, giving you no reason not to speak to an attorney before moving forward.
- File a complaint — The personal representative, with the help of an attorney, will commence a legal claim in a Missouri court. This document will set forth the details of the matter, point out the parties engaged, and state the remedies desired.
Once your claim is filed, your Burger Law South St. Louis County, 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 essential factor of a claim for survival action in South St. Louis County, MO, and your survival action lawyer will assist in identifying and obtaining the required evidence. This could involve:
- Medical records and bills to adequately detail the extent of the injury and the healthcare treatments needed
- Wage and employment records to conclusively show lost earnings due to the injury
- Expert testimony, such statements by medical experts, to verify the cause and degree of the harm
- Witnesses who can attest to the events related to the injury
The Importance of Legal Representation
While it is theoretically achievable to file a claim for survival action without an legal representative, the complexities in legal affairs and procedural intricacies make it demanding if you lack legal training. An experienced lawyer like those at Burger Law will give priceless guidance, advocate for your rights, and increase your probability of a favorable outcome.
The most effective way to pursue a claim for survival action in South St. Louis County, MO? Hire Burger Law. We will secure a full monetary compensation for the damages and anguish your beloved one went through. Let us take care of the legal dimension of your lawsuit while you and your family focus on grieving and healing.
Legal Representation for South St. Louis County, MO Survival Action Claims
Grieving the loss of someone you care about is continuously challenging, and it can be made even more difficult when endeavoring to deal with legal intricacies. Submitting and winning in a claim for survival action requires a thorough understanding of the legal framework, careful accumulation of supporting documents, weeks, and sometimes even years of your time, and the capability to successfully advocate in a courtroom. Taking into account these difficulties, it is essential to search for professional legal aid to make sure that justice is delivered.
Importance of Legal Representation
In lawsuits involving survival action, retaining an attorney can make a considerable difference. Attorneys focusing in personal injury and wrongful death law possess the knowledge and proficiency to maneuver the nuances of these claims, assuring that the liable parties are made responsible and achieving the maximum compensation for your family. Our survival action attorneys understand the Missouri legal system fully 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 navigating the difficult journey to justice. We understand the intricacies of survival action claims, and we employ our complete resolve to every lawsuit we handle. We adamantly endorse in justice and the judicial system that empowers bereaved family members to seek justice. When you hire Burger Law's survival action lawyers in South St. Louis County, MO, we:
- Provide an extensive knowledge of the law and the highest level of legal advocacy
- Evaluate and develop your lawsuit with careful examination and systematic planning
- Manage all legal proceedings, discussion, and litigation on your part
- Advocate for your rights and interests in a courtroom
- Provide empathetic emotional support as you and your family deal with this challenging time
Let Us Help You
If you think you have a survival action claim in South St. Louis County, MO, call Burger Law at (314) 500-HURT immediately. We provide a complimentary initial consultation to discuss your legal matter, consider your options and explain how we are determined to battle for your family. You do not pay until we win your case. Let us help 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 South St. Louis County, MO include:
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Speak to a Survival Action Lawyer in South St. Louis County, MO Today
Survival action claims represent a vital legal option to guarantee justice in the face of an untimely death. With Burger Law's support, you and your South St. Louis County, MO family can pursue the justice and full compensation that your family member was owed. Speak with an experienced South St. Louis County, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary consultation.