Survival Action Lawyer in St. James, MO

Survival action lawyer in St. James, MO. If someone dear to your heart has left us after being injured because of someone else's negligence, you can still seek justice and a full financial recovery with Burger Law's St. James, 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 dearly beloved is fatally injured because someone else violated the rules, we may strive for compensation for your grief, financial support loss and burial expenses in a wrongful death lawsuit. This action gives compensation to families for their family member's death. Nonetheless, in many cases, your dear one might have an pre-existing personal injury claim, whether or not this injury was their cause of death or not. Survival claims, controlled by particular Missouri laws, let injury claims to persist even after the demise of your loved one. The aim behind survival actions is to ensure that the negligent party is held responsible for their actions, and that justice is achieved, regardless of the death of your hurt loved one.

Burger Law is a well-known St. James, MO personal injury law firm that focuses on 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 St. James and throughout Missouri. When faced with the unfortunate death of a loved one, the last thing you might want to contemplate is the complexities of the legal system. Nevertheless, comprehending your rights and the available mechanisms to pursue justice is undoubtedly crucial. If you have lost someone you love before their time, speak with a survival action lawyer in St. James, MO today at (314) 500-HURT or contact us online for a complimentary consultation.

What Is a Survival Action in St. James, 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 passing 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 personal representative can commence a survival action to recoup damages incurred from the date of the accident until their loved one's death. This remains true regardless of whether the injury directly caused their death or not.

The primary aim 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 St. James, MO?

While survival actions and wrongful death claims in St. James, MO could look similar, they are fundamentally distinct in terms of the losses they strive to recover.

• Survival actions aim to recover the damages that the deceased could have sought had they lived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is given to your loved one's estate and then distributed based on their will. You can seek punitive damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to compensate the loved ones of the deceased for their loss. This may include funeral and burial expenses, lack of economic support, and loss of camaraderie and advice. Compensation is given directly to mourning loved ones.

In many cases, when an when an incident or injury leads to someone's death but the person does not pass away at the place, you might (and should) submit a survival action and wrongful death claim together. As skilled St. James, MO wrongful death and survival action counselors, Burger Law can help you in navigating both cases to their completion.

Who Can File a Survival Action Claim in St. James, MO?

Survival action claims in St. James, MO are filed 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:

• A person or individuals specified as the personal representative in your deceased's will
• In case the individual or people designated are ineligible for any reasons, in case there is no personal representative identified in the will or if there is no will, then:
  • The partner
  • A person with a lawful right to part of the estate that the court believes will "manage and preserve" the estate well
  • A person selected by the court
  • A person nominated by other individuals named in the will

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

Damages Available in a Survival Action Claim in St. James, MO

The compensation you can pursue in a survival action case in St. James, MO is equivalent to that of a personal injury case. Typically, your costs include:

• Medical expenses accumulated between the date of accident and your relative's death
• Lost pay or reduced wages if your relative's injuries impacted their ability to make a living before their death
• Destruction of property
• Pain and suffering and emotional distress caused by the injuries that your loved one experienced before death

How Much Is My St. James, MO Survival Action Claim Worth?

The total value of your survival action claim in St. James, MO is significantly dependent on the specific scenarios surrounding your family member's damages and death. Significant factors involve:

• The extent of medical care received
• The amount of money lost from not being able to perform job functions
• The length of time your relative suffered from their injuries before they passed
• Should your loved one contributed to their injuries at all
• The sum of insurance coverage available

Part of a survival action lawyer's job is to entirely assess the range of your loved one's damages and demand the full quantity in compensation. At Burger Law, our St. James, MO survival action and wrongful death attorneys perform a full inquiry into your case to ensure you are reimbursed to the greatest extent possible.

Statute of Limitations for St. James, 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 take action promptly, as missing the deadline can lead to in forfeiting your ability to make a claim.

How to File a Survival Action Claim in St. James, MO

Filing a survival action claim in St. James, MO is a process that requires careful 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, selecting a personal representative for your late 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 vital to consult a lawyer specializing in personal injury or wrongful death cases. They can guide 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, providing you no reason never to talk to an attorney before proceeding.
• File a complaint — The personal representative, with the assistance of legal counsel, will commence a lawsuit in a Missouri court. This will present the facts of the case, point out the parties engaged, and particularize the remedies sought after.

Once your claim is filed, your Burger Law St. James, 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 St. James, MO, and your attorney for survival action will support in identifying and locating the needed evidence. This may encompass:

• Medical records and bills to adequately detail the extent of the damage and the medical care treatments required
• Wage and employment records to clearly demonstrate income loss due to the injury
• Expert testimony, such statements by medical experts, to confirm the reason and degree of the harm
• Witnesses who can attest to the conditions surrounding the injury

The Importance of Legal Representation

While it is technically possible to file a survival action claim without an legal representative, the complexities in law proceedings and procedural complexities make it challenging if you don't have legal expertise. An skilled attorney like those at Burger Law will give precious guidance, advocate for your claims, and boost your probability of a favorable claim.

The optimal way to pursue a claim for survival action in St. James, MO? Count on Burger Law. We will secure a full financial recovery for the damages and suffering your beloved one endured. Let us take care of the legal aspect of your legal matter while you and your loved ones focus on grieving and healing.

Legal Representation for St. James, MO Survival Action Claims

Grieving the loss of an individual you love about is constantly challenging, and it can be made even more trying when trying to deal with legal intricacies. Filing and winning in a claim for survival action demands a thorough understanding of the legal framework, meticulous collection of supporting documents, weeks, and occasionally even years of your energy, and the capability to successfully advocate in a courtroom. Given these difficulties, it is imperative to seek expert legal aid to assure that equity is administered.

Importance of Legal Representation

In lawsuits involving survival action, having an attorney can make a significant difference. Lawyers focusing in personal injury and wrongful death law possess the expertise and proficiency to maneuver the complexities of these claims, assuring that the liable parties are held accountable and achieving the highest 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 specializing in personal injury and wrongful death cases, we are committed to helping our individuals in navigating the challenging journey towards justice. We understand the complexities of survival action claims, and we utilize our complete dedication to every lawsuit we handle. We strongly endorse in justice and the legal system that enables mourning relatives to pursue justice. When you retain Burger Law's survival action lawyers in St. James, MO, we:

• Provide a comprehensive grasp of the law and the highest level of legal representation
• Evaluate and construct your case with diligent examination and systematic planning
• Handle all legal processes, negotiation, and litigation on your side
• 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 think you have a survival action claim in St. James, MO, reach out to Burger Law at (314) 500-HURT immediately. We offer a free first consultation to talk about your case, review 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 help you in pursuing the justice that your cherished ones are entitled to. Contact us today to begin the process.

Other types of cases we take on and win in St. James, MO include:

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

Survival action claims serve as a essential legal option to secure justice in the face of an untimely death. With Burger Law's assistance, you and your St. James, MO family can obtain the justice and complete financial recovery that your loved one deserved. Contact an experienced St. James, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a free consultation.