Survival Action Lawyer in Warren County, MO

Survival action lawyer in Warren County, MO. If someone you love has gone to a better place after being injured by someone else's negligence, one can still seek justice and a full financial recovery with Burger Law's Warren County, 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.

When a relative is fatally injured due to the fact that another individual didn't follow the rules, we may pursue financial compensation for your grief, financial support loss and funeral expenses in a wrongful death lawsuit. Such action provides financial help to families for their family member's death. Yet, in many cases, your loved one may have an ongoing claim for injury, regardless of whether this injury was their cause of death or not. Survival claims, governed by specific Missouri laws, permit injury claims to persist even though the passing of your dear one. The intention behind survival claims is to ensure that the negligent party is made accountable for their actions, and that justice is achieved, despite the death of your injured family member.

Burger Law is a respected Warren County, MO personal injury law firm that specializes in 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 Warren County and throughout Missouri. When faced with the devastating loss of a loved one, 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 undoubtedly crucial. If you have lost someone you hold dear prematurely, speak with a survival action lawyer in Warren County, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Warren County, 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 continue 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 personal 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 pursue 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 Warren County, MO?

Even though survival actions and wrongful death claims in Warren County, MO could look similar, they are intrinsically different in terms of the losses they aim to recover.

• Survival actions strive to recover the damages that the deceased could have sought 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 allocated based on their will. You can seek additional damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to recompense the relatives of the deceased for their loss. This may include funeral costs and burial fees, lack of economic support, and loss of camaraderie and advice. Compensation is awarded directly to grieving family members.

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

Who Can File a Survival Action Claim in Warren County, MO?

Survival action claims in Warren County, MO are submitted in representation 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 might include:

• An individual or people specified as the personal representative in your loved one's will
• Should the individual or individuals designated are ineligible for any reasons, when there is no personal representative named in the will or if there is no will, then:
  • The spouse
  • An individual with a lawful claim to part of the estate that the court feels will "manage and preserve" the estate well
  • A individual appointed by the court
  • A person nominated by other individuals named in the will

Our Warren County, MO survival action lawyers can help you determine who is the personal representative in your family member's case, or designate yourself as the personal representative if the law and your circumstance permits it.

Damages Available in a Survival Action Claim in Warren County, MO

The financial recovery you can pursue in a survival action case in Warren County, MO is comparable to that of a personal injury case. Generally, your losses encompass:

• Medical expenses collected between the date of accident and your family member's death
• Lost wages or reduced wages if your relative's injuries impacted their ability to make a living 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 Warren County, MO Survival Action Claim Worth?

Calculating your survival claim damages in Warren County, MO is significantly reliant on the individual scenarios surrounding your family member's damages and death. Significant factors involve:

• The amount of healthcare obtained
• The amount of money lost from not being able to engage in employment
• How long your relative suffered from their injuries before they passed away
• If your loved one contributed to their injuries in any way
• The insurance policy limits

Part of a survival action lawyer's job is to thoroughly determine the magnitude of your family member's damages and demand the full quantity in a settlement. At Burger Law, our Warren County, MO survival action and wrongful death lawyers conduct a full investigation into your case to ensure you are paid to the greatest extent possible.

Statute of Limitations for Warren County, 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 move forward promptly, as missing the due date can lead to in sacrificing your right to seek a financial recovery.

How to File a Survival Action Claim in Warren County, MO

Filing a survival action claim in Warren County, 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 late loved one's estate is essential. This appointment can be established either in accordance with 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 personal 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 accidental death and bodily harm lawyers offer free consultations, affording you no reason to not talk to an attorney before taking further action.
• File a complaint — The personal representative, with the assistance of legal counsel, will commence a legal claim in a Missouri court. This legal paper will present the details of the matter, point out the individuals participating, and enumerate the reparation sought after.

Upon the submission of your claim, your Warren County, 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 factor of a claim for survival action in Warren County, MO, and your attorney for survival action will support in identifying and obtaining the needed evidence. This might include:

• Medical records and bills to comprehensively document the severity of the injury and the healthcare interventions needed
• Wage and employment records to conclusively show lost earnings due to the injury
• Expert testimony, including statements by medical professionals, to establish the cause and degree of the harm
• Witnesses who can confirm to the circumstances related to the injury

The Importance of Legal Representation

While it is feasible in theory to submit a claim for survival action without an lawyer, the complications in legal matters and procedural intricacies make it challenging if you don't have legal expertise. An skilled attorney like those at Burger Law will offer significant assistance, advocate for your interests, and enhance your likelihood of a positive claim.

The best way to file a claim for survival action in Warren County, MO? Rely on Burger Law. We will secure a full financial compensation for the damages and anguish your cherished one endured. Let us handle the legal dimension of your case while you and your loved ones concentrate on grieving and healing.

Legal Representation for Warren County, MO Survival Action Claims

Grieving the departure of an individual you hold dear about is always difficult, and it can be made even further difficult when trying to handle complex legal matters. Initiating and winning in a survival action claim necessitates a deep understanding of the legal framework, meticulous collection of proof, weeks, and occasionally even years of your time, and the capability to efficiently argue in court. Considering these challenges, it is imperative to search for expert legal assistance to assure that justice is served.

Importance of Legal Representation

In survival action claims, having an attorney can make a considerable difference. Attorneys focusing in personal injury and wrongful death law possess the understanding and proficiency to handle the intricacies of these claims, guaranteeing that the liable parties are made accountable and achieving the highest compensation for your family. Our survival action attorneys understand the Missouri legal system fully and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a attorney group dedicated to personal injury and wrongful death cases, we are committed to assisting our customers in navigating the difficult journey to justice. We understand the intricacies of survival action claims, and we bring our entire dedication to every legal matter we undertake. We firmly believe in fairness and the civil court system that empowers grieving family members to seek justice. When you retain Burger Law's survival action lawyers in Warren County, MO, we:

• Provide an extensive understanding of the law and the topmost level of legal representation
• Evaluate and construct your lawsuit with meticulous assessment and well-thought-out planning
• Manage all legal procedures, bargaining, and legal actions on your behalf
• Fight for your rights and interests in a courtroom
• Provide compassionate emotional support as you and your family deal with this difficult time

Let Us Help You

If you believe you have a survival action claim in Warren County, MO, call Burger Law at (314) 500-HURT now. We provide a complimentary initial consultation to discuss your legal matter, review your options and detail how we will battle for your loved ones. You do not pay until we win your case. Let us assist you in pursuing the justice that your cherished ones merit. Contact us today to begin the process.

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

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

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