Survival Action Lawyer in Union, MO

Survival action lawyer in Union, MO. If a loved one has left us after being injured by someone else's carelessness, one can still pursue justice and a comprehensive financial compensation with Burger Law's Union, MO survival action and wrongful death attorneys. Set up 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 due to the fact that another individual didn't follow the rules, we may seek compensation for your grief, financial support loss and burial costs in a wrongful death lawsuit. This provides financial help to families for their relative's death. However, in many cases, your dear one may have an pre-existing claim for injury, whether this injury was their cause of death or not. Survival claims, governed by specific Missouri laws, permit injury claims to proceed even though the passing of your relative. The purpose behind survival claims is to ensure that the careless party is held accountable for their actions, and that justice is accomplished, regardless of the death of your wounded dear one.

Burger Law is a reputable Union, MO personal injury law firm that focuses on wrongful death and survival action claims. With our 30 of fighting for justice, we have efficiently recovered over $200 million for our clients in Union and throughout Missouri. When faced with the heartbreaking loss of a loved one, the last thing you might wish to think about is the legal process. Nevertheless, understanding your rights and the available mechanisms to seek justice is absolutely crucial. If you have lost someone you hold dear prematurely, speak with a survival action lawyer in Union, MO today at (314) 500-HURT or contact us online for a cost-free consultation.

What Is a Survival Action in Union, 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 persist despite the passing of the person entitled to 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 pursue a survival action to recoup damages incurred from the date of the accident until their loved one's demise. This holds 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 pursue 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 Union, MO?

Though survival actions and wrongful death claims in Union, MO could look similar, they are fundamentally distinct in terms of the damages they aim to recover.

• Survival actions aim to recover the damages that the deceased could have pursued had they survived, such as medical expenses, lost wages, and pain and suffering from the time of injury until death. Compensation is given 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 recompense the loved ones of the deceased for their grief. This may include funeral costs and burial fees, lack of economic support, and loss of companionship and counsel. Compensation is given directly to grieving kin.

In many cases, when an when an event or injury leads to someone's death but the person does not pass away at the scene, you might (and ought to) file a survival action and wrongful death claim together. As knowledgeable Union, MO wrongful death and survival action advocates, Burger Law can assist you in handling both cases to their completion.

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

Survival action claims in Union, MO are initiated on behalf 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 might include:

• A person or individuals named as the personal representative in your deceased's will
• Should the individual or people designated are unfit for any reasons, in case there is no personal representative mentioned in the will or if there is no will, then:
  • The husband or wife
  • Someone with a lawful claim to part of the estate that the court believes will "manage and preserve" the estate well
  • A person designated by the court
  • A person nominated by other persons named in the will

Our Union, MO survival action lawyers can help you discover who is the personal representative in your relative's case, or designate yourself as the personal representative if the legislation and your circumstance allows it.

Damages Available in a Survival Action Claim in Union, MO

The financial recovery you can seek in a survival action case in Union, MO is similar to that of a personal injury case. Usually, your expenses include:

• Medical bills accrued between the date of accident and your family member's death
• Lost pay or decreased income if your relative's injuries influenced their ability to make a living before their death
• Loss of property
• Pain and suffering and emotional distress caused by the injuries that your loved one experienced before death

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

Calculating your survival claim damages in Union, MO is significantly dependent on the unique situations surrounding your loved one's damages and death. Significant factors involve:

• The extent of medical attention obtained
• The amount of money missed out on from not being able to perform job functions
• The duration your family member suffered from their injuries before they departed
• Whether your family member added to their injuries at all
• The level of insurance coverage available

Part of a survival action lawyer's job is to entirely determine the magnitude of your relative's damages and demand the full quantity in compensation. At Burger Law, our Union, MO survival action and wrongful death lawyers perform a full inquiry into your case to assure you are reimbursed to the fullest extent possible.

Statute of Limitations for Union, 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 take action promptly, as missing the due date can lead to in losing your ability to make a claim.

How to File a Survival Action Claim in Union, MO

Filing a survival action claim in Union, MO is a process that requires meticulous 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, choosing 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 legal appointment.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is imperative to seek advice from a lawyer proficient in personal injury or wrongful death cases. They can guide you through the legal process, make certain compliance with the statute of limitations, and advocate for your rights in court. Most accidental death and personal injury lawyers offer free consultations, affording you no reason not to discuss to an attorney before taking further action.
• File a complaint — The personal representative, with the assistance of legal counsel, will initiate a complaint in a Missouri court. This court filing will detail the particulars of the matter, point out the parties involved, and enumerate the reparation requested.

After filing your claim, your Burger Law Union, 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 vital element of a lawsuit involving survival action in Union, MO, and your attorney for survival action will support in recognizing and obtaining the required evidence. This might entail:

• Medical records and bills to thoroughly record the severity of the injury and the healthcare interventions required
• Wage and employment records to clearly demonstrate income loss due to the injury
• Expert testimony, including testimonies from medical experts, to verify the reason and severity of the harm
• Witnesses who can corroborate to the events surrounding the accident

The Importance of Legal Representation

While it is technically possible to submit a survival action claim without an lawyer, the complications in legal affairs and procedural intricacies make it challenging if you lack legal training. An knowledgeable lawyer like those at Burger Law will provide invaluable assistance, advocate for your claims, and boost your probability of a favorable outcome.

The most effective way to submit a claim for survival action in Union, MO? Put your trust in Burger Law. We will attain a full economic recovery for the damages and pain your cherished one experienced. Let us manage the legal facet of your legal matter while you and your family concentrate on grieving and recovering.

Legal Representation for Union, MO Survival Action Claims

Grieving the departure of someone you hold dear about is always demanding, and it can be made even further challenging when trying to navigate legal complexities. Filing and winning in a lawsuit involving survival action necessitates a deep comprehension of the legal framework, diligent gathering of supporting documents, weeks, and occasionally even years of your energy, and the ability to efficiently advocate in a courtroom. Considering these obstacles, it is crucial to search for expert legal aid to guarantee that equity is administered.

Importance of Legal Representation

In lawsuits involving survival action, retaining legal counsel can make a considerable difference. Lawyers specializing in personal injury and wrongful death law carry the expertise and proficiency to handle the nuances of these claims, guaranteeing that the liable parties are made accountable and securing the highest compensation for your loved ones. Our survival action attorneys 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 committed to helping our individuals in navigating the demanding path towards justice. We understand the intricacies of survival action claims, and we employ our complete commitment to every lawsuit we undertake. We strongly endorse in fairness and the judicial system that enables bereaved family members to seek justice. When you hire Burger Law's survival action lawyers in Union, MO, we:

• Provide an extensive grasp of the law and the topmost level of legal representation
• Evaluate and build your case with diligent assessment and well-thought-out planning
• Manage all legal proceedings, bargaining, and litigation on your side
• Champion for your rights and interests in court
• 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 Union, MO, contact Burger Law at (314) 500-HURT right away. We provide a no-cost first consultation to discuss your case, consider your options and elaborate on how we are determined to battle for your loved ones. You do not pay until we win your case. Let us support you in pursuing the justice that your cherished ones deserve. Contact us today to begin the process.

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

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

Survival action claims constitute a vital legal avenue to guarantee justice in the face of an untimely death. With Burger Law's support, you and your Union, MO family can seek the justice and full financial recovery that your family member deserved. Speak with an experienced Union, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary consultation.