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Survival Action Lawyer in St. Louis, MO
Survival action lawyer in St. Louis, MO. If someone you love passed away after being injured by someone else's negligence, one can still pursue justice and a full financial compensation with Burger Law's St. Louis, 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 since someone else broke the rules, we may pursue 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. Nonetheless, in many cases, your family member might have an pre-existing personal injury claim, whether or not this injury eventually led to their death or not. Survival claims, regulated by particular Missouri laws, let personal injury claims to proceed even though the demise of your relative. The purpose behind survival actions is to ensure that the negligent party is made accountable for their actions, and that justice is realized, regardless of the death of your hurt relative.
Burger Law is a respected St. Louis, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our three decades of fighting for justice, we have successfully recovered over $200 million for our clients in St. Louis and throughout Missouri. When faced with the devastating death of a family member, the last thing you might want to think about is the complexities of the legal system. Nevertheless, understanding your rights and the available mechanisms to obtain justice is undeniably crucial. If you have lost someone you love too soon, speak with a survival action lawyer in St. Louis, MO today at (314) 500-HURT or contact us online for a cost-free consultation.
What Is a Survival Action in St. Louis, 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 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 initiate 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 intention behind survival actions is to ensure that justice is served. If an injured person is unable to pursue 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 St. Louis, MO?
Even though survival actions and wrongful death claims in St. Louis, MO might seem alike, they are intrinsically different in terms of the damages they seek to recover.
- Survival actions aim to recover the damages that the deceased could have recovered had they lived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is granted to your relative's estate and then allocated based on their will. You can seek punitive damages in a survival action claim but not in a wrongful death claim.
- Wrongful death claims seek to compensate the relatives of the deceased for their grief. This might include funeral and burial expenses, lack of economic support, and loss of camaraderie and advice. Compensation is granted directly to bereaved relatives.
In many cases, when an when an accident or injury leads to someone's death but the person does not die at the site, you can (and should) submit a survival action and wrongful death claim at the same time. As experienced St. Louis, MO wrongful death and survival action counselors, Burger Law can help you in handling both cases to their .
Who Can File a Survival Action Claim in St. Louis, MO?
Survival action claims in St. Louis, MO are filed 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 may include:
- An individual or people designated as the personal representative in your relative's will
- Should the person or individuals designated are ineligible for any reasons, should there is no personal representative mentioned in the will or if there is no will, then:
- The husband or wife
- An individual with a legal right to part of the estate that the court believes will "care for and preserve" the estate well
- A individual selected by the court
- A individual nominated by other people named in the will
Our St. Louis, MO survival action attorneys can help you find out who is the personal representative in your family member's case, or set up yourself as the personal representative if the legalities and your circumstance it.
Damages Available in a Survival Action Claim in St. Louis, MO
The financial recovery you can pursue in a survival action case in St. Louis, MO is equivalent to that of a personal injury case. Usually, your costs include:
- Medical expenses accumulated between the date of injuries and your family member's death
- Lost wages or lowered earnings if your family member's injuries influenced their ability to make a living before their death
- Loss of property
- Pain and suffering and psychological trauma caused by the injuries that your loved one experienced before death
How Much Is My St. Louis, MO Survival Action Claim Worth?
The total value of your survival action claim in St. Louis, MO is greatly reliant on the individual scenarios surrounding your family member's injuries and death. Significant factors involve:
- The extent of medical care obtained
- The amount of money lost from not being able to earn a living
- The length of time your loved one suffered from their injuries before they passed away
- Should your loved one contributed partly to their injuries in any way
- The sum of insurance coverage available
Part of a survival action lawyer's job is to completely calculate the scope of your family member's damages and demand the full quantity in a financial recovery. At Burger Law, our St. Louis, MO survival action and wrongful death lawyers carry out a full inquiry into your case to guarantee you are paid to the maximum degree possible.
Statute of Limitations for St. Louis, 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 time limit can lead to in sacrificing your ability to make a claim.
How to File a Survival Action Claim in St. Louis, MO
Filing a survival action claim in St. Louis, MO is a process that requires meticulous attention to legal processes 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 deceased loved one's estate is essential. This appointment can be established either according to 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 specializing in injury or wrongful death cases. They can guide you through the legal process, guarantee compliance with the statute of limitations, and advocate for your rights in court. Most accidental death and personal injury lawyers provide free consultations, giving you no reason never to speak to an attorney before moving forward.
- File a complaint — The personal representative, with the assistance of legal counsel, will commence a legal claim in a Missouri court. This document will lay out the facts of the lawsuit, specify the parties involved, and state the damages requested.
Once your claim is filed, your Burger Law St. Louis, 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 crucial component of a lawsuit involving survival action in St. Louis, MO, and your survival action lawyer will help in pinpointing and locating the required evidence. This might entail:
- Medical records and bills to adequately detail the scope of the injury and the medical care procedures needed
- Wage and employment records to conclusively show lost earnings due to the injury
- Expert testimony, including statements by medical professionals, to confirm the cause and severity of the harm
- Witnesses who can confirm to the events related to the accident
The Importance of Legal Representation
While it is technically possible to file a survival action claim without an lawyer, the intricacies in law proceedings and procedural intricacies make it difficult if you do not possess legal expertise. An skilled lawyer like those at Burger Law will give significant assistance, represent your claims, and enhance your likelihood of a favorable claim.
The most effective way to submit a lawsuit involving survival action in St. Louis, MO? Hire Burger Law. We are determined to secure a full monetary recovery for the damages and suffering your beloved one went through. Let us manage the legal dimension of your case while you and your loved ones focus on mourning and recovering.
Legal Representation for St. Louis, MO Survival Action Claims
Grieving the passing of an individual you care about is always demanding, and it can be made even further difficult when attempting to deal with legal intricacies. Submitting and winning in a lawsuit involving survival action necessitates a thorough understanding of the legal system, careful gathering of proof, months, and sometimes even years of your time, and the ability to successfully argue in court. Taking into account these obstacles, it is imperative to search for professional legal assistance to ensure that equity is served.
Importance of Legal Representation
In survival action claims, retaining legal representation can make a substantial difference. Attorneys specializing in personal injury and wrongful death law carry the understanding and know-how to maneuver the intricacies of these claims, assuring that the liable parties are made accountable and achieving the maximum financial recovery for your family. Our lawyers for survival action understand the Missouri legal system thoroughly and will fight until there is nothing left to fight.
Our Expertise and Commitment
As a law firm dedicated to personal injury and wrongful death cases, we are committed to helping our clients in maneuvering the challenging journey towards justice. We understand the intricacies of survival action claims, and we employ our entire dedication to every case we handle. We strongly believe in fairness and the civil court system that enables mourning family members to pursue justice. When you hire Burger Law's survival action lawyers in St. Louis, MO, we:
- Provide a comprehensive grasp of the law and the utmost level of legal representation
- Evaluate and build your lawsuit with diligent examination and strategic planning
- Handle all legal procedures, bargaining, and legal actions on your side
- Fight for your rights and interests in the court system
- Provide sympathetic emotional support as you and your family deal with this trying time
Let Us Help You
If you believe you have a survival action claim in St. Louis, MO, call Burger Law at (314) 500-HURT immediately. We offer a complimentary first consultation to talk about your legal matter, consider your options and detail how we will battle for your loved ones. You do not pay until we win your case. Allow us support you in going after the justice that your beloved ones merit. Contact us today to begin the process.
Other types of cases we take on and win in St. Louis, MO include:
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Speak to a Survival Action Lawyer in St. Louis, MO Today
Survival action claims constitute a essential legal recourse to secure justice in the face of an untimely death. With Burger Law's help, you and your St. Louis, MO family can pursue the justice and full financial recovery that your family member was owed. Contact an experienced St. Louis, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a no-cost consultation.