Survival Action Lawyer in Sturgeon, MO

Survival action lawyer in Sturgeon, MO. If someone dear to your heart has left us after being injured because of someone else's negligence, you can still pursue justice and a full financial compensation with Burger Law's Sturgeon, MO survival action and wrongful death attorneys. Arrange for a free consultation today by getting in touch at (314) 500-HURT or completing our online contact form.

If a loved one is tragically killed since someone else didn't follow the rules, we can pursue a financial recovery for your grief, loss of support and funeral expenses in a wrongful death lawsuit. This reimburses families for their family member's death. But, in many cases, your family member may have an ongoing personal injury claim, whether this injury was their cause of death or not. Survival actions, guided by particular Missouri laws, permit personal injury claims to proceed even after the passing of your family member. The intention behind survival actions is to guarantee that the careless party is made accountable for their actions, and that justice is realized, regardless of the death of your injured loved one.

Burger Law is a respected Sturgeon, MO personal injury law firm that focuses on wrongful death and survival action claims. With our many years of fighting for justice, we have skillfully recovered over $200 million for our clients in Sturgeon and throughout Missouri. When faced with the devastating death of a loved one, the last thing you might wish to think about is the complexities of the legal system. Nevertheless, understanding your rights and the available mechanisms to pursue justice is undoubtedly crucial. If you have lost someone you love too soon, speak with a survival action lawyer in Sturgeon, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Sturgeon, 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 persist despite the demise of the person eligible for damages or liable to the cause of action. Put simply, if a person sustains an injury due to the recklessness of another and subsequently passes away, their legal representative can commence a survival action to recoup damages incurred from the time of injury until their loved one's demise. This holds true regardless of whether the injury directly caused their death or not.

The principal 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 distributed according to their will or Missouri intestacy laws.

What Is the Difference Between Survival Action and Wrongful Death Claims in Sturgeon, MO?

While survival actions and wrongful death claims in Sturgeon, MO could look similar, they are essentially different in terms of the compensation they aim to recover.

• Survival actions seek to recover the damages that the deceased could have sought had they survived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is allotted to your deceased's estate and then allocated based on their will. You can seek extra damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to reimburse the relatives of the deceased for their losses. This may include funeral and burial expenses, absence of economic support, and loss of companionship and counsel. Compensation is granted directly to mourning kin.

In many cases, when an when an accident or injury results in someone's death but the person does not die at the location, you might (and should) lodge a survival action and wrongful death claim at the same time. As skilled Sturgeon, MO wrongful death and survival action counselors, Burger Law can assist you in handling both cases to their completion.

Who Can File a Survival Action Claim in Sturgeon, MO?

Survival action claims in Sturgeon, MO are submitted in representation 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:

• An individual or people named as the personal representative in your loved one's will
• When the person or persons designated are ineligible for any reasons, when there is no personal representative specified in the will or if there is no will, then:
  • The partner
  • A person with a legal right to part of the estate that the court believes will "care for and preserve" the estate well
  • A person selected by the court
  • A individual nominated by other persons named in the will

Our Sturgeon, MO survival action lawyers can help you determine who is the personal representative in your relative's case, or designate yourself as the personal representative if the legalities and your situation allows it.

Damages Available in a Survival Action Claim in Sturgeon, MO

The financial recovery you can pursue in a survival action case in Sturgeon, MO is equivalent to that of a personal injury case. Usually, your costs encompass:

• Medical costs collected between the date of accident and your loved one's death
• Missed earnings or decreased income if your family member's injuries altered their ability to make a living before their death
• Damage to property
• Pain and suffering and psychological trauma caused by the accident that your relative experienced before death

How Much Is My Sturgeon, MO Survival Action Claim Worth?

Calculating your survival claim damages in Sturgeon, MO is greatly reliant on the individual circumstances surrounding your relative's injuries and death. Important factors are:

• The extent of healthcare received
• The amount of money lost from not being able to engage in employment
• The period your relative suffered from their injuries before they departed
• In case your family member contributed to their injuries in any way
• The insurance policy limits

One thing a survival action lawyer does is to completely determine the magnitude of your relative's damages and demand the full amount in compensation. At Burger Law, our Sturgeon, MO survival action and wrongful death attorneys perform a full inquiry into your case to assure you are recompensed to the greatest extent possible.

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

How to File a Survival Action Claim in Sturgeon, MO

Filing a survival action claim in Sturgeon, MO is a process that requires careful attention to legal processes 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 late loved one's estate is essential. This appointment can be established either according to their will or through a court 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 injury or wrongful death cases. They can lead you through the legal process, guarantee compliance with the statute of limitations, and advocate for your rights in court. Most accidental death and physical injury lawyers provide free consultations, affording you no reason not to talk to an attorney before proceeding.
• File a complaint — The personal representative, with the assistance of legal counsel, will initiate a lawsuit in a Missouri court. This will set forth the particulars of the lawsuit, identify the parties participating, and enumerate the damages sought after.

After filing your claim, your Burger Law Sturgeon, 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 Sturgeon, MO, and your attorney for survival action will aid in discovering and finding the needed evidence. This might entail:

• Medical records and bills to adequately detail the scope of the injury and the healthcare interventions necessary
• Wage and employment records to clearly demonstrate lost earnings due to the injury
• Expert testimony, such as statements by healthcare specialists, to verify the cause and severity of the injury
• Witnesses who can verify to the conditions related to the injury

The Importance of Legal Representation

While it is theoretically achievable to submit a lawsuit involving survival action without an attorney, the intricacies in legal matters and procedural intricacies make it difficult if you do not possess legal expertise. An knowledgeable lawyer like those at Burger Law will give priceless direction, advocate for your claims, and enhance your chances of a successful outcome.

The best way to file a survival action claim in Sturgeon, MO? Put your trust in Burger Law. We are determined to obtain a total financial compensation for the injuries and anguish your dear one experienced. Let us handle the legal facet of your case while you and your loved ones focus on grieving and recovering.

Legal Representation for Sturgeon, MO Survival Action Claims

Grieving the departure of someone you care about is always difficult, and it can be made even more difficult when trying to deal with legal complexities. Submitting and winning in a lawsuit involving survival action demands a deep grasp of the legal framework, meticulous collection of supporting documents, weeks, and occasionally even years of your energy, and the capacity to efficiently plead in a courtroom. Taking into account these challenges, it is essential to look for expert legal aid to assure that justice is delivered.

Importance of Legal Representation

In survival action claims, possessing legal representation can make a considerable difference. Attorneys focusing in personal injury and wrongful death law have the knowledge and know-how to navigate the complexities of these claims, assuring that the liable parties are made accountable and securing the highest compensation for your loved ones. 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 legal practice specializing in personal injury and wrongful death cases, we are devoted to helping our individuals in navigating the demanding journey to justice. We understand the complexities of survival action claims, and we bring our complete resolve to every legal matter we undertake. 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 Sturgeon, MO, we:

• Provide a comprehensive understanding of the law and the topmost level of legal advocacy
• Evaluate and develop your lawsuit with meticulous examination and systematic planning
• Take care of all legal procedures, negotiation, and litigation on your behalf
• Champion 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 believe you have a survival action claim in Sturgeon, MO, call Burger Law at (314) 500-HURT immediately. We offer a free first consultation to discuss your case, consider your options and detail how we are determined to fight for your loved ones. You do not pay until we win your case. Let us help you in seeking the justice that your cherished ones merit. Contact us today to begin the process.

Other types of cases we take on and win in Sturgeon, MO include:

Survival action claims constitute a essential legal option to ensure justice when confronted with an untimely passing. With Burger Law's assistance, you and your Sturgeon, MO family can seek the justice and maximum compensation that your family member was owed. Contact an experienced Sturgeon, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.