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Survival Action Lawyer in Sullivan, MO
Survival action lawyer in Sullivan, MO. If a family member has gone to a better place after getting injured because of someone else's negligence, one can still seek justice and a comprehensive financial compensation with Burger Law's Sullivan, 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 tragically killed due to the fact that another person violated the rules, we can strive for a financial recovery for your grief, loss of support and funeral costs in a wrongful death lawsuit. Such action gives compensation to families for their family member's death. But, in many cases, your dear one may have an pre-existing injury claim, whether or not that injury led to their death or not. Survival actions, governed by particular Missouri laws, allow injury claims to continue despite the demise of your dear one. The aim behind survival actions is to ensure that the reckless party is held accountable for their actions, and that justice is realized, despite the death of your injured relative.
Burger Law is a respected Sullivan, MO personal injury law firm that prioritizes 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 Sullivan and throughout Missouri. When faced with the tragic loss of a family member, the last thing you might want to contemplate is the complexities of the legal system. Nevertheless, understanding your rights and the available mechanisms to seek justice is certainly crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in Sullivan, MO today at (314) 500-HURT or contact us online for a free consultation.
What Is a Survival Action in Sullivan, MO?
Missouri Revised Statutes §537.020 outlines the state's statute on survival actions. According to this statute, all causes of action – reasons to initiate a lawsuit – except those for defamation and malicious prosecution, shall endure 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 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 principal 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 Sullivan, MO?
Though survival actions and wrongful death claims in Sullivan, MO might seem alike, they are fundamentally different in terms of the losses they seek to recover.
- Survival actions seek to recover the damages that the deceased could have claimed had they survived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is given to your deceased'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 seek to reimburse the loved ones of the deceased for their losses. This could include funeral costs and burial fees, absence of economic support, and loss of companionship and guidance. Compensation is given directly to bereaved kin.
In many cases, when an when an accident or injury leads to someone's death but the person does not pass away at the scene, you can (and ought to) lodge a survival action and wrongful death claim concurrently. As knowledgeable Sullivan, MO wrongful death and survival action lawyers, Burger Law can support you in navigating both cases to their conclusion.
Who Can File a Survival Action Claim in Sullivan, MO?
Survival action claims in Sullivan, 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:
- An individual or people named as the personal representative in your deceased's will
- If the individual or individuals designated are unfit for any reasons, should there is no personal representative mentioned in the will or if there is no will, then:
- The partner
- An individual with a lawful right to part of the estate that the court considers will "care for and preserve" the estate well
- A individual appointed by the court
- A individual nominated by other persons named in the will
Our Sullivan, MO survival action lawyers can help you determine who is the personal representative in your relative's case, or set up yourself as the personal representative if the legalities and your circumstance permits it.
Damages Available in a Survival Action Claim in Sullivan, MO
The financial recovery you can pursue in a survival action case in Sullivan, MO is comparable to that of a personal injury case. Typically, your losses incorporate:
- Medical costs collected between the date of accident and your relative's death
- Missed earnings or reduced wages if your loved one's injuries influenced their ability to generate income before their death
- Destruction of property
- Pain and suffering and mental anguish caused by the injuries that your relative experienced before death
How Much Is My Sullivan, MO Survival Action Claim Worth?
The total value of your survival action claim in Sullivan, MO is heavily dependent on the specific scenarios surrounding your relative's injuries and death. Crucial factors include:
- The extent of medical treatment received
- The amount of money missed out on from not being able to perform job functions
- The duration your loved one suffered from their injuries before they passed
- If your relative contributed to their injuries at all
- The level of insurance coverage available
Part of a survival action lawyer's job is to completely calculate the range of your family member's damages and demand the full sum in a financial recovery. At Burger Law, our Sullivan, MO survival action and wrongful death lawyers carry out a full inquiry into your case to guarantee you are compensated to the highest level possible.
Statute of Limitations for Sullivan, 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 proceed promptly, as missing the time limit can result in in forfeiting your ability to make a claim.
How to File a Survival Action Claim in Sullivan, MO
Filing a survival action claim in Sullivan, MO is a process that requires careful 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, naming a personal representative for your departed loved one's estate is essential. This appointment can be established either in accordance with their will or through a court appointment.
- Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is vital to seek advice from a lawyer expertise in 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 physical injury lawyers provide free consultations, providing you no reason to not speak to an attorney before taking further action.
- File a complaint — The personal representative, with the help of an attorney, will initiate a legal claim in a Missouri court. This will present the particulars of the matter, name the parties participating, and enumerate the damages desired.
Once your claim is filed, your Burger Law Sullivan, 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 key factor of a claim for survival action in Sullivan, MO, and your survival action lawyer will assist in discovering and obtaining the essential evidence. This could involve:
- Medical records and bills to adequately detail the severity of the damage and the medical care treatments needed
- Wage and employment records to conclusively show lost earnings due to the injury
- Expert testimony, including testimonies from healthcare specialists, to verify the reason and severity of the injury
- Witnesses who can corroborate to the circumstances surrounding the accident
The Importance of Legal Representation
While it is theoretically achievable to initiate a survival action claim without an legal representative, the complexities in legal matters and procedural intricacies make it demanding if you do not possess legal expertise. An skilled attorney like those at Burger Law will provide invaluable direction, defend your claims, and increase your probability of a successful claim.
The optimal way to pursue a claim for survival action in Sullivan, MO? Hire Burger Law. We are determined to attain a full financial recovery for the injuries and anguish your dear one endured. Let us handle the legal facet of your legal matter while you and your loved ones focus on grieving and healing.
Legal Representation for Sullivan, MO Survival Action Claims
Grieving the passing of an individual you love about is always demanding, and it can be made even further difficult when attempting to handle complex legal matters. Filing and winning in a claim for survival action necessitates a profound grasp of the law, careful collection of supporting documents, months, and at times even years of your energy, and the capacity to efficiently argue in court. Considering these difficulties, it is crucial to seek expert legal aid to guarantee that equity is delivered.
Importance of Legal Representation
In lawsuits involving survival action, possessing legal counsel can make a considerable difference. Lawyers dedicating their practice in personal injury and wrongful death law carry the knowledge and know-how to maneuver the complexities of these claims, ensuring that the liable parties are held responsible 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 dedicated to personal injury and wrongful death cases, we are committed to assisting our clients in navigating the demanding path towards justice. We understand the details of survival action claims, and we utilize our full dedication to every lawsuit we handle. We firmly endorse in justice and the judicial system that enables bereaved relatives to pursue justice. When you retain Burger Law's survival action lawyers in Sullivan, MO, we:
- Provide a comprehensive grasp of the law and the topmost level of legal counsel
- Evaluate and construct your case with careful analysis and systematic planning
- Handle all legal procedures, bargaining, and legal actions on your behalf
- Advocate for your rights and interests in a courtroom
- Provide sympathetic emotional support as you and your family deal with this trying time
Let Us Help You
If you think you have a survival action claim in Sullivan, MO, contact Burger Law at (314) 500-HURT right away. We provide a free initial consultation to discuss your lawsuit, explore your options and explain how we will fight for your family. You do not pay until we win your case. Let us assist 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 Sullivan, MO include:
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Speak to a Survival Action Lawyer in Sullivan, MO Today
Survival action claims constitute a vital legal option to guarantee justice amidst an untimely death. With Burger Law's assistance, you and your Sullivan, MO family can obtain the justice and complete financial recovery that your loved one was owed. Contact an experienced Sullivan, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a free consultation.