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Survival Action Lawyer in Ste. Genevieve, MO
Survival action lawyer in Ste. Genevieve, MO. If a family member has left us after getting injured due to someone else's negligence, you can still seek justice and a full financial compensation with Burger Law's Ste. Genevieve, MO survival action and wrongful death attorneys. Set up 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 because another individual didn't follow the rules, we can request financial compensation for your heartache, financial support loss and burial expenses in a wrongful death lawsuit. This gives compensation to families for their loved one's death. Nonetheless, in many cases, your relative may have an ongoing claim for injury, no matter if this injury was their cause of death or not. Survival claims, regulated by specific Missouri laws, allow injury claims to proceed even after the death of your family member. The purpose behind survival actions is to guarantee that the careless party is made accountable for their actions, and that justice is achieved, notwithstanding the death of your wounded loved one.
Burger Law is a reputable Ste. Genevieve, MO personal injury law firm that focuses on wrongful death and survival action claims. With our extensive experience of fighting for justice, we have efficiently recovered over $200 million for our clients in Ste. Genevieve and throughout Missouri. When faced with the devastating death of a loved one, 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 seek justice is absolutely crucial. If you have lost someone you love prematurely, speak with a survival action lawyer in Ste. Genevieve, MO today at (314) 500-HURT or contact us online for a cost-free consultation.
What Is a Survival Action in Ste. Genevieve, 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 carelessness 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 demise. 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, 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 Ste. Genevieve, MO?
Though survival actions and wrongful death claims in Ste. Genevieve, MO could look similar, they are essentially different in terms of the compensation they seek to recover.
- Survival actions seek to recover the damages that the deceased could have pursued had they survived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is granted to your deceased's estate and then dispersed 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 reimburse the relatives of the deceased for their sorrow. This could include funeral and burial expenses, absence of financial support, and loss of companionship and counsel. Compensation is provided directly to grieving kin.
In many cases, when an when an incident or injury results in someone's death but the person does not die at the place, you could (and should) lodge a survival action and wrongful death claim together. As experienced Ste. Genevieve, MO wrongful death and survival action lawyers, Burger Law can aid you in managing both cases to their completion.
Who Can File a Survival Action Claim in Ste. Genevieve, MO?
Survival action claims in Ste. Genevieve, MO are initiated in representation of your family member'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 persons identified as the personal representative in your deceased's will
- Should the individual or people designated are ineligible for any reasons, if there is no personal representative mentioned in the will or if there is no will, then:
- The spouse
- Someone with a lawful right to part of the estate that the court believes will "care for and preserve" the estate well
- A person chosen by the court
- A individual nominated by other people named in the will
Our Ste. Genevieve, MO survival action lawyers can help you discover who is the personal representative in your loved one's case, or establish yourself as the personal representative if the legislation and your circumstance permits it.
Damages Available in a Survival Action Claim in Ste. Genevieve, MO
The compensation you can seek in a survival action case in Ste. Genevieve, MO is similar to that of a personal injury case. Generally, your damages encompass:
- Medical costs gathered between the date of accident and your relative's death
- Lost pay or lowered earnings if your loved one's injuries affected their ability to earn a living before their death
- Damage to property
- Pain and suffering and psychological trauma caused by the injuries that your relative experienced before death
How Much Is My Ste. Genevieve, MO Survival Action Claim Worth?
Calculating your survival claim damages in Ste. Genevieve, MO is heavily dependent on the individual situations surrounding your relative's injuries and death. Crucial factors involve:
- The amount of medical treatment received
- The amount of money lost from not being able to work
- The period your loved one suffered from their injuries before they departed
- Whether your relative contributed partly to their injuries in any way
- The insurance policy limits
One thing a survival action lawyer does is to completely calculate the range of your loved one's damages and demand the full sum in a settlement. At Burger Law, our Ste. Genevieve, MO survival action and wrongful death attorneys carry out a full examination into your case to ensure you are reimbursed to the maximum degree possible.
Statute of Limitations for Ste. Genevieve, 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 move forward promptly, as missing the deadline can lead to in sacrificing your ability to make a claim.
How to File a Survival Action Claim in Ste. Genevieve, MO
Filing a survival action claim in Ste. Genevieve, 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, choosing a personal representative for your late loved one's estate is essential. This appointment can be established either as per 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 consult a lawyer proficient in personal injury or wrongful death cases. They can assist you through the legal process, ensure compliance with the statute of limitations, and defend for your rights in court. Most accidental death and bodily harm lawyers offer free consultations, affording you no reason to not talk to an attorney before moving forward.
- File a complaint — The personal representative, with the assistance of legal counsel, will commence a complaint in a Missouri court. This document will detail the facts of the matter, point out the parties participating, and particularize the reparation requested.
Once your claim is officially lodged, your Burger Law lawyer for survival actions in Ste. Genevieve, 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 vital factor of a lawsuit involving survival action in Ste. Genevieve, MO, and your attorney for survival action will support in identifying and obtaining the essential evidence. This might include:
- Medical records and bills to comprehensively document the scope of the injury and the medical care treatments necessary
- Wage and employment records to clearly demonstrate lost earnings due to the injury
- Expert testimony, such testimonies from medical experts, to confirm the root and extent of the injury
- Witnesses who can verify to the events related to the injury
The Importance of Legal Representation
While it is theoretically achievable to submit a claim for survival action without an lawyer, the complications in legal matters and procedural complexities make it challenging if you don't have legal training. An seasoned lawyer like those at Burger Law will give significant direction, advocate for your interests, and increase your likelihood of a positive outcome.
The optimal way to submit a lawsuit involving survival action in Ste. Genevieve, MO? Count on Burger Law. We are determined to secure a total monetary recovery for the harm and pain your beloved one endured. Let us take care of the legal facet of your legal matter while you and your loved ones focus on mourning and healing.
Legal Representation for Ste. Genevieve, MO Survival Action Claims
Grieving the passing of a person you care about is always difficult, and it can be made even more challenging when trying to navigate legal intricacies. Filing and winning in a survival action claim requires a profound comprehension of the legal framework, diligent accumulation of supporting documents, weeks, and at times even years of your effort, and the ability to effectively plead in court. Taking into account these difficulties, it is crucial to seek expert legal support to assure that fairness is served.
Importance of Legal Representation
In lawsuits involving survival action, having an attorney can make a substantial difference. Lawyers specializing in personal injury and wrongful death law possess the understanding and proficiency to navigate the complexities of these claims, ensuring that the liable parties are held responsible and securing the highest compensation 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 specializing in personal injury and wrongful death cases, we are devoted to helping our individuals in navigating the demanding path to justice. We understand the complexities of survival action claims, and we employ our complete dedication to every lawsuit we undertake. We adamantly endorse in justice and the judicial system that enables mourning kin to seek justice. When you hire Burger Law's survival action lawyers in Ste. Genevieve, MO, we:
- Provide an extensive understanding of the law and the highest level of legal advocacy
- Evaluate and develop your legal matter with meticulous assessment and well-thought-out planning
- Take care of all legal proceedings, discussion, and litigation on your part
- Champion for your rights and interests in court
- Provide compassionate emotional support as you and your family navigate this challenging time
Let Us Help You
If you think you have a survival action claim in Ste. Genevieve, MO, reach out to Burger Law at (314) 500-HURT immediately. We offer a complimentary initial consultation to talk about your legal matter, explore your options and elaborate on how we are determined to battle for your family. You do not pay until we win your case. Let 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 Ste. Genevieve, MO include:
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Speak to a Survival Action Lawyer in Ste. Genevieve, MO Today
Survival action claims represent a essential legal avenue to guarantee justice in the face of an untimely death. With Burger Law's assistance, you and your Ste. Genevieve, MO family can pursue the justice and full compensation that your family member deserved. Contact an experienced Ste. Genevieve, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a no-cost consultation.