Survival Action Lawyer in Vienna, MO

Survival action lawyer in Vienna, MO. If someone you love has gone to a better place after getting injured by someone else's carelessness, you can still seek justice and a comprehensive financial compensation with Burger Law's Vienna, MO survival action and wrongful death attorneys. Arrange for a free consultation today by dialing our number at (314) 500-HURT or completing our online contact form.

If a loved one is killed due to the fact that another individual broke the rules, we can request compensation for your sorrow, loss of support and burial costs in a wrongful death lawsuit. This provides financial help to families for their loved one's death. Nonetheless, in many cases, your loved one might have an existing claim for injury, whether or not that injury was their cause of death or not. Survival actions, guided by particular Missouri laws, allow personal injury claims to continue even though the passing of your relative. The intention behind survival actions is to guarantee that the reckless party is held responsible for their actions, and that justice is achieved, regardless of the death of your injured dear one.

Burger Law is a respected Vienna, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our 30 of fighting for justice, we have efficiently recovered over $200 million for our clients in Vienna and throughout Missouri. When faced with the devastating death of a family member, the last thing you might wish to think about 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 unexpectedly, speak with a survival action lawyer in Vienna, MO today at (314) 500-HURT or contact us online for a no-cost consultation.

What Is a Survival Action in Vienna, 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 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 subsequently passes away, their appointed representative can commence a survival action to recoup damages incurred from the date of the accident 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, 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 Vienna, MO?

Though survival actions and wrongful death claims in Vienna, MO may appear similar, they are fundamentally different in terms of the damages they aim to recover.

• Survival actions aim to recover the damages that the deceased could have recovered had they lived, such as healthcare costs, lost earnings, and pain and suffering from the time of injury until death. Compensation is awarded to your relative's estate and then dispersed based on their will. You can seek exemplary damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims seek to reimburse the kin of the deceased for their grief. This could include funeral costs and burial fees, loss of financial support, and loss of companionship and guidance. Compensation is awarded directly to bereaved loved ones.

In many cases, when an when an incident or injury results in someone's death but the person does not pass away at the location, you can (and should) file a survival action and wrongful death claim concurrently. As seasoned Vienna, MO wrongful death and survival action advocates, Burger Law can support you in handling both cases to their conclusion.

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

Survival action claims in Vienna, MO are filed on behalf 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 may include:

• An individual or persons named as the personal representative in your loved one's will
• When the person or people designated are disqualified for any reasons, if there is no personal representative named 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 "maintain and protect" the estate well
  • A individual designated by the court
  • A person nominated by other individuals named in the will

Our Vienna, MO survival action attorneys can help you discover who is the personal representative in your family member's case, or set up yourself as the personal representative if the law and your circumstance permits it.

Damages Available in a Survival Action Claim in Vienna, MO

The compensation you can pursue in a survival action case in Vienna, MO is comparable to that of a personal injury case. Typically, your costs incorporate:

• Medical expenses accumulated between the date of accident and your relative's death
• Lost income or decreased income if your family member's injuries impacted their ability to generate income before their death
• Property damage
• Pain and suffering and psychological trauma caused by the accident that your relative experienced before death

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

The total value of your survival action claim in Vienna, MO is heavily reliant on the unique conditions surrounding your relative's damages and death. Vital factors are:

• The amount of medical care obtained
• The amount of money lost from not being able to earn a living
• The length of time your family member suffered from their injuries before they died
• Whether your loved one had a part in their injuries in any way
• The insurance policy limits

One thing a survival action lawyer does is to completely assess the scope of your relative's damages and demand the full quantity in compensation. At Burger Law, our Vienna, MO survival action and wrongful death attorneys perform a full investigation into your case to ensure you are compensated to the fullest extent possible.

Statute of Limitations for Vienna, 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 proceed promptly, as missing the deadline can lead to in sacrificing your ability to make a claim.

How to File a Survival Action Claim in Vienna, MO

Filing a survival action claim in Vienna, 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 deceased 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 specializing in tort or wrongful death cases. They can guide you through the legal process, ensure compliance with the statute of limitations, and advocate for your rights in court. Most wrongful death and physical injury lawyers offer free consultations, providing you no reason never to talk to an attorney before moving forward.
• File a complaint — The personal representative, with the help of an attorney, will commence a complaint in a Missouri court. This court filing will detail the details of the case, name the parties engaged, and particularize the remedies sought after.

Upon the submission of your claim, your Vienna, MO Burger Law attorney specializing in survival actions will take charge of the litigation process on your behalf, remaining steadfastly by your side until you and your family receive the utmost compensation

Gathering Necessary Evidence

Collecting evidence is a vital component of a survival action claim in Vienna, MO, and your survival action lawyer will help in pinpointing and obtaining the required evidence. This may encompass:

• Medical records and bills to adequately detail the extent of the damage and the medical treatments needed
• Wage and employment records to clearly demonstrate income loss due to the harm
• Expert testimony, such testimonies from healthcare specialists, to confirm the reason and extent of the harm
• Witnesses who can attest to the events related to the accident

The Importance of Legal Representation

While it is technically possible to file a claim for survival action without an legal representative, the intricacies in law proceedings and procedural intricacies make it difficult if you don't have legal expertise. An seasoned attorney like those at Burger Law will provide priceless assistance, defend your claims, and boost your likelihood of a successful claim.

The most effective way to pursue a lawsuit involving survival action in Vienna, MO? Hire Burger Law. We will obtain a total economic recovery for the injuries and suffering your cherished one went through. Let us handle the legal aspect of your legal matter while you and your loved ones focus on grieving and healing.

Legal Representation for Vienna, MO Survival Action Claims

Grieving the passing of someone you love about is continuously demanding, and it can be made even further challenging when trying to navigate legal intricacies. Initiating and winning in a claim for survival action demands a profound grasp of the legal system, diligent accumulation of evidence, weeks, and at times even years of your time, and the capability to effectively argue in court. Taking into account these difficulties, it is essential to search for professional legal aid to make sure that justice is served.

Importance of Legal Representation

In survival action claims, retaining legal representation can make a considerable difference. Attorneys dedicating their practice in personal injury and wrongful death law possess the understanding and proficiency to navigate the nuances of these claims, assuring that the liable parties are held responsible and obtaining the optimal compensation for your loved ones. 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 legal practice specializing in personal injury and wrongful death cases, we are devoted to helping our individuals in navigating the challenging path towards justice. We understand the complexities of survival action claims, and we bring our entire dedication to every case we handle. We adamantly advocate in justice and the judicial system that enables mourning family members to pursue justice. When you hire Burger Law's survival action lawyers in Vienna, MO, we:

• Provide a comprehensive knowledge of the law and the highest level of legal representation
• Evaluate and develop your case with careful examination and systematic planning
• Handle all legal proceedings, negotiation, and court proceedings on your behalf
• Fight for your rights and interests in a courtroom
• Provide sympathetic emotional support as you and your family navigate this difficult time

Let Us Help You

If you believe you have a survival action claim in Vienna, MO, call Burger Law at (314) 500-HURT now. We provide a complimentary first consultation to talk about your lawsuit, consider your options and explain how we will battle for your loved ones. You do not pay until we win your case. Let us support you in pursuing the justice that your beloved ones deserve. Contact us today to begin the process.

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

Survival action claims represent a vital legal option to secure justice in the face of an untimely passing. With Burger Law's help, you and your Vienna, MO family can obtain the justice and maximum compensation that your family member was owed. Speak with an experienced Vienna, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a no-cost consultation.