Survival Action Lawyer in Washington, MO

Survival action lawyer in Washington, MO. If a family member has gone to a better place after being injured because of someone else's carelessness, one can still seek justice and a comprehensive financial recovery with Burger Law's Washington, 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 family member is tragically killed due to the fact that another individual violated the rules, we can pursue compensation for your grief, financial support loss and funeral costs in a wrongful death lawsuit. Such action gives compensation to families for their loved one's death. However, in many cases, your dear one may have an ongoing claim for injury, regardless of whether this injury resulted to their death or not. Survival claims, regulated by specific Missouri laws, let injury claims to persist even though the passing of your relative. The aim behind survival actions is to ensure that the careless party is held accountable for their actions, and that justice is obtained, regardless of the death of your hurt family member.

Burger Law is a renowned Washington, MO personal injury law firm that specializes in wrongful death and survival action claims. With our three decades of fighting for justice, we have skillfully recovered over $200 million for our clients in Washington and throughout Missouri. When faced with the heartbreaking death of a family member, the last thing you might want to contemplate is the legal process. Nevertheless, understanding your rights and the available mechanisms to obtain justice is absolutely crucial. If you have lost someone you hold dear too soon, speak with a survival action lawyer in Washington, MO today at (314) 500-HURT or contact us online for a no-cost consultation.

What Is a Survival Action in Washington, 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 endure despite the death 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 later dies, their legal representative can initiate a survival action to recoup damages incurred from the date of the accident until their loved one's death. This holds 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 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 Washington, MO?

While survival actions and wrongful death claims in Washington, MO may appear similar, they are intrinsically different in terms of the damages they strive to recover.

• Survival actions strive to recover the damages that the deceased could have sought had they lived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is awarded 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 aim to compensate the relatives of the deceased for their grief. This may include funeral costs and burial fees, absence of monetary help, and loss of companionship and counsel. Compensation is awarded directly to bereaved loved ones.

In many cases, when an when an accident or injury leads to someone's death but the person does not die at the site, you might (and should) file a survival action and wrongful death claim at the same time. As experienced Washington, MO wrongful death and survival action lawyers, Burger Law can assist you in handling both cases to their completion.

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

Survival action claims in Washington, MO are submitted in representation 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 could include:

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

Our Washington, MO survival action attorneys 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 situation allows it.

Damages Available in a Survival Action Claim in Washington, MO

The compensation you can seek in a survival action case in Washington, MO is akin to that of a personal injury case. Generally, your costs incorporate:

• Healthcare expenses accumulated between the date of injuries and your loved one's death
• Lost pay or lowered earnings if your relative'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 deceased experienced before death

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

Calculating your survival claim damages in Washington, MO is greatly contingent on the distinct situations surrounding your relative's damages and death. Significant factors are:

• The extent of medical treatment received
• The amount of money missed out on from not being able to work
• The period your relative suffered from their injuries before they departed
• Should your family member had a part in their injuries in any way
• The extent of insurance coverage available

One thing a survival action lawyer does is to completely determine the extent of your loved one's damages and demand the full sum in a financial recovery. At Burger Law, our Washington, MO survival action and wrongful death lawyers perform a full investigation into your case to make sure you are reimbursed to the maximum degree possible.

Statute of Limitations for Washington, 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 proceed promptly, as missing the time limit can lead to in forfeiting your ability to make a claim.

How to File a Survival Action Claim in Washington, MO

Filing a survival action claim in Washington, MO is a process that requires meticulous attention to legal processes 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 according to their will or through a court appointment.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is vital to seek advice from a lawyer expertise in personal injury or wrongful death cases. They can guide you through the legal process, ensure compliance with the statute of limitations, and defend for your rights in court. Most accidental death and bodily harm lawyers provide free consultations, affording you no reason to not discuss to an attorney before moving forward.
• File a complaint — The personal representative, with the help of an attorney, will commence a lawsuit in a Missouri court. This will set forth the details of the matter, identify the individuals involved, and particularize the reparation sought after.

Once your claim is filed, your Burger Law Washington, 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 vital component of a survival action claim in Washington, MO, and your attorney for survival action will support in recognizing and finding the required evidence. This could involve:

• Medical records and bills to thoroughly record the extent of the injury and the healthcare interventions required
• Wage and employment records to conclusively show lost earnings due to the harm
• Expert testimony, such as statements by healthcare specialists, to verify the root and degree of the harm
• Witnesses who can attest to the conditions related to the injury

The Importance of Legal Representation

While it is feasible in theory 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 seasoned attorney like those at Burger Law will offer precious assistance, represent your interests, and improve your probability of a positive outcome.

The most effective way to submit a survival action claim in Washington, MO? Count on Burger Law. We are determined to attain a full monetary compensation for the damages and suffering your dear one endured. Let us take care of the legal aspect of your lawsuit while you and your loved ones focus on grieving and recovering.

Legal Representation for Washington, MO Survival Action Claims

Grieving the passing of someone you care about is constantly challenging, and it can be made even further difficult when attempting to deal with legal complexities. Initiating and winning in a claim for survival action necessitates a thorough understanding of the law, careful accumulation of supporting documents, weeks, and sometimes even years of your time, and the capacity to efficiently plead in court. Given these obstacles, it is vital to seek specialized legal assistance to ensure that equity is served.

Importance of Legal Representation

In claims for survival action, retaining legal representation can make a considerable difference. Lawyers specializing in personal injury and wrongful death law carry the knowledge and experience to navigate the intricacies of these claims, guaranteeing that the liable parties are held accountable and securing the optimal financial recovery 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 attorney group specializing in personal injury and wrongful death cases, we are committed to helping our individuals in navigating the challenging journey to justice. We understand the intricacies of survival action claims, and we bring our full commitment to every case we take on. We adamantly believe in justice and the civil court system that empowers mourning kin to seek justice. When you hire Burger Law's survival action lawyers in Washington, MO, we:

• Provide an extensive understanding of the law and the utmost level of legal advocacy
• Evaluate and develop your case with meticulous examination and systematic planning
• Take care of all legal proceedings, discussion, and legal actions on your part
• Fight for your rights and interests in court
• Provide empathetic emotional support as you and your family navigate this trying time

Let Us Help You

If you think you have a survival action claim in Washington, MO, call Burger Law at (314) 500-HURT right away. We offer a no-cost first consultation to talk about your legal matter, discuss your options and detail how we are determined to fight for your family. You do not pay until we win your case. Allow us support you in pursuing the justice that your dear ones are entitled to. Contact us today to begin the process.

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

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

Survival action claims represent a essential legal recourse to guarantee justice when confronted with an untimely passing. With Burger Law's support, you and your Washington, MO family can pursue the justice and maximum financial recovery that your loved one deserved. Speak with an experienced Washington, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.