Survival Action Lawyer in St. Peters, MO

Survival action lawyer in St. Peters, MO. If a loved one passed away after being injured by someone else's negligence, you can still pursue justice and a comprehensive financial recovery with Burger Law's St. Peters, MO survival action and wrongful death attorneys. Arrange for a free consultation today by dialing our number at (314) 500-HURT or filling out our online contact form.

If a family member is fatally injured since someone else didn't follow the rules, we may pursue a financial recovery for your sorrow, loss of support and burial costs in a wrongful death lawsuit. This compensates families for their family member's death. Nonetheless, in many cases, your relative may have an ongoing injury claim, no matter if this injury resulted to their death or not. Survival actions, guided by specific Missouri laws, allow personal injury claims to continue despite the demise of your family member. The aim behind survival claims is to guarantee that the careless party is made accountable for their actions, and that justice is accomplished, regardless of the death of your hurt dear one.

Burger Law is a well-known St. Peters, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our 30 of fighting for justice, we have successfully recovered over $200 million for our clients in St. Peters and throughout Missouri. When faced with the heartbreaking death of a loved one, the last thing you might want to think about is the complexities of the legal system. Nevertheless, comprehending your rights and the available mechanisms to pursue justice is certainly crucial. If you have lost someone you hold dear before their time, speak with a survival action lawyer in St. Peters, MO today at (314) 500-HURT or contact us online for a complimentary consultation.

What Is a Survival Action in St. Peters, 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 continue 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 initiate a survival action to recoup damages incurred from the date of the accident until their loved one's death. This holds true regardless of whether the injury directly caused their death or not.

The main aim 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 given out according to their will or Missouri intestacy laws.

What Is the Difference Between Survival Action and Wrongful Death Claims in St. Peters, MO?

While survival actions and wrongful death claims in St. Peters, MO could look similar, they are fundamentally different in terms of the damages they aim to recover.

• Survival actions aim to recover the damages that the deceased could have recovered had they lived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is allotted to your relative's estate and then allocated based on their will. You can seek additional damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims seek to compensate the kin of the deceased for their losses. This may include funeral costs and burial fees, lack of economic support, and loss of companionship and guidance. Compensation is given directly to grieving relatives.

In many cases, when an when an incident or injury results in someone's death but the person does not pass away at the place, you may (and should) file a survival action and wrongful death claim at the same time. As seasoned St. Peters, MO wrongful death and survival action lawyers, Burger Law can help you in navigating both cases to their conclusion.

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

Survival action claims in St. Peters, 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 might include:

• A person or persons named as the personal representative in your relative's will
• If the individual or persons designated are disqualified for any reasons, if there is no personal representative mentioned in the will or if there is no will, then:
  • The partner
  • Someone with a lawful right to part of the estate that the court believes will "maintain and protect" the estate well
  • A individual designated by the court
  • A individual nominated by other people named in the will

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

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

The financial recovery you can make a claim for in a survival action case in St. Peters, MO is similar to that of a personal injury case. Ordinarily, your costs include:

• Medical bills collected between the date of injuries and your loved one's death
• Lost income or decreased income if your relative's injuries impacted their ability to earn a living before their death
• Property damage
• Pain and suffering and mental anguish caused by the injuries that your deceased experienced before death

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

The total value of your survival action claim in St. Peters, MO is greatly contingent on the distinct conditions surrounding your loved one's injuries and death. Important factors are:

• The extent of healthcare received
• The amount of money lost from not being able to earn a living
• The duration your relative suffered from their injuries before they departed
• Should your family member contributed to their injuries at all
• The insurance policy limits

Part of a survival action lawyer's job is to fully compute the magnitude of your loved one's damages and demand the full total in a settlement. At Burger Law, our St. Peters, MO survival action and wrongful death lawyers execute a full inquiry into your case to ensure you are reimbursed to the maximum degree possible.

Statute of Limitations for St. Peters, 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 essential to move forward promptly, as missing the time limit can result in in sacrificing your ability to make a claim.

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

Filing a survival action claim in St. Peters, 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, naming a personal representative for your deceased 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 crucial to talk to a lawyer expertise in tort 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 physical injury lawyers give free consultations, affording you no reason to not discuss to an attorney before moving forward.
• File a complaint — The personal representative, with the help of an attorney, will commence a lawsuit in a Missouri court. This document will lay out the facts of the lawsuit, identify the parties engaged, and state the reparation requested.

After filing your claim, your Burger Law St. Peters, 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 essential factor of a survival action claim in St. Peters, MO, and your survival action lawyer will assist in identifying and finding the required evidence. This may encompass:

• Medical records and bills to thoroughly record the scope of the injury and the medical care interventions necessary
• Wage and employment records to conclusively show lost earnings due to the injury
• Expert testimony, such as testimonies from healthcare specialists, to verify the cause and extent of the injury
• Witnesses who can attest to the events surrounding the injury

The Importance of Legal Representation

While it is technically possible to file a survival action claim without an legal representative, the complications in law proceedings and procedural intricacies make it difficult if you don't have legal training. An knowledgeable lawyer like those at Burger Law will provide significant direction, advocate for your interests, and enhance your probability of a successful claim.

The optimal way to pursue a survival action claim in St. Peters, MO? Rely on Burger Law. We are determined to obtain a complete economic compensation for the injuries and pain your beloved one endured. Let us take care of the legal facet of your case while you and your loved ones focus on mourning and healing.

Legal Representation for St. Peters, MO Survival Action Claims

Grieving the loss of someone you hold dear about is constantly difficult, and it can be made even more challenging when endeavoring to deal with legal complexities. Filing and winning in a survival action claim requires a thorough comprehension of the legal system, careful collection of proof, weeks, and sometimes even years of your time, and the capability to efficiently argue in a courtroom. Taking into account these obstacles, it is imperative to seek expert legal support to ensure that fairness is administered.

Importance of Legal Representation

In survival action claims, possessing legal counsel can make a substantial difference. Attorneys focusing in personal injury and wrongful death law carry the expertise and know-how to handle the intricacies of these claims, guaranteeing that the liable parties are held accountable and obtaining the optimal financial recovery for your loved ones. 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 legal practice specializing in personal injury and wrongful death cases, we are committed to supporting our clients in dealing with the demanding path towards justice. We understand the intricacies of survival action claims, and we employ our complete resolve to every case we take on. We firmly endorse in equity and the legal system that enables bereaved kin to pursue justice. When you retain Burger Law's survival action lawyers in St. Peters, MO, we:

• Provide a comprehensive knowledge of the law and the highest level of legal counsel
• Evaluate and develop your legal matter with diligent examination and systematic planning
• Handle all legal processes, bargaining, and legal actions on your side
• Champion for your rights and interests in the court system
• Provide sympathetic emotional support as you and your family navigate this difficult time

Let Us Help You

If you believe you have a survival action claim in St. Peters, MO, call Burger Law at (314) 500-HURT right away. We offer a no-cost first consultation to discuss your legal matter, explore your options and elaborate on how we will battle for your loved ones. You do not pay until we win your case. Let us assist you in pursuing the justice that your beloved ones deserve. Contact us today to initiate the process.

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

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

Survival action claims serve as a vital legal option to guarantee justice when confronted with an untimely passing. With Burger Law's help, you and your St. Peters, MO family can pursue the justice and total financial recovery that your loved one was owed. Reach out to an experienced St. Peters, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.