Survival Action Lawyer in Troy, MO

Survival action lawyer in Troy, MO. If someone dear to your heart has gone to a better place after being injured by someone else's negligence, you can still seek justice and a full financial compensation with Burger Law's Troy, 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.

In the event that a dearly beloved is tragically killed because another person didn't follow the rules, we can strive for financial compensation for your heartache, loss of support and burial costs in a wrongful death lawsuit. This action compensates families for their dear one's death. Yet, in many cases, your family member may have an pre-existing personal injury claim, whether or not this injury led to their death or otherwise. Survival claims, guided by specific Missouri laws, let injury claims to persist even though the demise of your relative. The intent behind survival actions is to guarantee that the reckless party is made accountable for their actions, and that justice is achieved, in spite of the death of your wounded family member.

Burger Law is a well-known Troy, MO personal injury law firm that prioritizes 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 Troy and throughout Missouri. When faced with the unfortunate death of a family member, the last thing you might wish to contemplate is the complexities of the legal system. Nevertheless, comprehending your rights and the available mechanisms to obtain justice is undeniably crucial. If you have lost someone you hold dear prematurely, speak with a survival action lawyer in Troy, MO today at (314) 500-HURT or contact us online for a complimentary consultation.

What Is a Survival Action in Troy, 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 negligence of another and subsequently passes away, their appointed 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 main aim behind survival actions is to ensure that justice is served. If an injured person is unable to continue 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 Troy, MO?

Though survival actions and wrongful death claims in Troy, MO seem to be alike, they are fundamentally different in terms of the damages they aim to recover.

• Survival actions seek to recover the damages that the deceased could have claimed had they survived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is awarded to your relative's estate and then distributed 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 loved ones of the deceased for their losses. This may include funeral and burial expenses, absence of financial support, and loss of camaraderie and advice. Compensation is awarded directly to mourning loved ones.

In many cases, when an when an incident or injury leads to someone's death but the person does not pass away at the location, you may (and should) present a survival action and wrongful death claim at the same time. As seasoned Troy, MO wrongful death and survival action counselors, Burger Law can help you in navigating both cases to their .

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

Survival action claims in Troy, 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 may include:

• An individual or individuals identified as the personal representative in your deceased's will
• When the individual or people designated are unfit for any reasons, if there is no personal representative identified in the will or if there is no will, then:
  • The partner
  • A person with a lawful claim to part of the estate that the court feels will "care for and preserve" the estate well
  • A person designated by the court
  • A individual nominated by other individuals named in the will

Our Troy, MO survival action lawyers can help you identify who is the personal representative in your family member's case, or appoint yourself as the personal representative if the legislation and your situation allows it.

Damages Available in a Survival Action Claim in Troy, MO

The compensation you can pursue in a survival action case in Troy, MO is akin to that of a personal injury case. Generally, your costs encompass:

• Medical bills accumulated between the date of injuries 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
• Loss of property
• Pain and suffering and mental anguish caused by the accident that your relative experienced before death

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

The total value of your survival action claim in Troy, MO is largely dependent on the distinct situations surrounding your loved one's injuries and death. Significant factors are:

• The extent of medical treatment received
• The amount of money missed out on from not being able to earn a living
• How long your family member suffered from their injuries before they passed
• Should your relative contributed partly to their injuries in any way
• The insurance policy limits

Part of a survival action lawyer's job is to completely assess the scope of your family member's damages and demand the full sum in compensation. At Burger Law, our Troy, MO survival action and wrongful death lawyers conduct a full investigation into your case to make sure you are reimbursed to the fullest extent possible.

Statute of Limitations for Troy, 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 move forward promptly, as missing the time limit can result in in forfeiting your right to get compensation.

How to File a Survival Action Claim in Troy, MO

Filing a survival action claim in Troy, MO is a process that requires thorough 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, choosing a personal representative for your departed 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 imperative to talk to a lawyer expertise in personal injury or wrongful death cases. They can guide you through the legal process, guarantee compliance with the statute of limitations, and fight for your rights in court. Most wrongful death and bodily harm lawyers offer free consultations, providing you no reason never to speak to an attorney before taking further action.
• File a complaint — The personal representative, with the assistance of legal counsel, will commence a complaint in a Missouri court. This document will present the particulars of the matter, point out the individuals engaged, and enumerate the remedies requested.

Once your claim is filed, your Burger Law Troy, 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 element of a lawsuit involving survival action in Troy, MO, and your survival action lawyer will help in identifying and locating the essential evidence. This could involve:

• Medical records and bills to thoroughly record the severity of the damage and the medical care interventions necessary
• Wage and employment records to conclusively show income loss due to the harm
• Expert testimony, such statements by medical experts, to verify the root and severity of the injury
• Witnesses who can confirm to the circumstances related to the injury

The Importance of Legal Representation

While it is theoretically achievable to file a lawsuit involving survival action without an legal representative, the complications in legal affairs and procedural intricacies make it demanding if you do not possess legal training. An knowledgeable attorney like those at Burger Law will provide priceless direction, advocate for your interests, and enhance your likelihood of a positive claim.

The optimal way to file a claim for survival action in Troy, MO? Put your trust in Burger Law. We are determined to secure a full economic compensation for the injuries and pain your cherished one experienced. Let us take care of the legal aspect of your legal matter while you and your loved ones focus on mourning and healing.

Legal Representation for Troy, MO Survival Action Claims

Grieving the passing of a person you hold dear about is continuously challenging, and it can be made even further difficult when trying to deal with legal complexities. Filing and winning in a claim for survival action demands a deep understanding of the legal system, diligent gathering of proof, months, and at times even years of your effort, and the ability to successfully advocate in a courtroom. Considering these challenges, it is imperative to look for specialized legal assistance to ensure that justice is delivered.

Importance of Legal Representation

In claims for survival action, retaining legal representation can make a significant difference. Lawyers focusing in personal injury and wrongful death law possess the understanding and experience to handle the nuances of these claims, ensuring that the liable parties are held responsible and obtaining the highest compensation for your family. Our lawyers for survival action understand the Missouri legal system completely 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 assisting our clients in navigating the demanding journey to justice. We understand the intricacies of survival action claims, and we bring our complete dedication to every case we take on. We firmly endorse in equity and the legal system that empowers mourning kin to pursue justice. When you retain Burger Law's survival action lawyers in Troy, MO, we:

• Provide a comprehensive knowledge of the law and the topmost level of legal advocacy
• Evaluate and build your lawsuit with meticulous examination and strategic planning
• Handle all legal proceedings, negotiation, and court proceedings on your part
• Advocate for your rights and interests in a courtroom
• Provide compassionate 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 Troy, MO, reach out to Burger Law at (314) 500-HURT immediately. We provide a no-cost first consultation to discuss your lawsuit, consider your options and explain how we will battle for your family. You do not pay until we win your case. Allow us support you in pursuing the justice that your cherished ones deserve. Contact us today to initiate the process.

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

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

Survival action claims constitute a critical legal avenue to ensure justice amidst an untimely death. With Burger Law's assistance, you and your Troy, MO family can pursue the justice and total compensation that your loved one deserved. Speak with an experienced Troy, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a no-cost consultation.