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Survival Action Lawyer in Webster Groves, MO
Survival action lawyer in Webster Groves, MO. If a loved one passed away after getting injured by someone else's carelessness, you can still pursue justice and a full financial compensation with Burger Law's Webster Groves, 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.
When a relative is hurt fatally due to the fact that another person broke the rules, we can pursue a financial recovery for your heartache, financial support loss and burial expenses in a wrongful death lawsuit. This provides financial help to families for their loved one's death. However, in many cases, your loved one might have an ongoing personal injury claim, regardless of whether this injury was their cause of death or not. Survival actions, guided by particular Missouri laws, let injury claims to continue even after the death of your loved one. The intent behind survival claims is to guarantee that the careless party is made accountable for their actions, and that justice is accomplished, regardless of the death of your injured relative.
Burger Law is a renowned Webster Groves, MO personal injury law firm that specializes in wrongful death and survival action claims. With our three decades of fighting for justice, we have successfully recovered over $200 million for our clients in Webster Groves 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, understanding your rights and the available mechanisms to seek justice is undeniably crucial. If you have lost someone you love prematurely, speak with a survival action lawyer in Webster Groves, MO today at (314) 500-HURT or contact us online for a cost-free consultation.
What Is a Survival Action in Webster Groves, 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 negligence of another and subsequently passes away, their appointed representative can pursue 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 chief intention behind survival actions is to ensure that justice is served. If an injured person is unable to proceed with 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 Webster Groves, MO?
Even though survival actions and wrongful death claims in Webster Groves, MO might seem alike, they are essentially different in terms of the restitution they strive to recover.
- Survival actions aim to recover the damages that the deceased could have recovered had they lived, such as medical expenses, lost wages, and pain and suffering from the time of injury until death. Compensation is allotted 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 endeavor to compensate the loved ones of the deceased for their sorrow. This could include funeral and burial expenses, absence of monetary help, and loss of camaraderie and advice. Compensation is provided directly to grieving relatives.
In many cases, when an when an accident or injury results in someone's death but the person does not pass away at the scene, you can (and should) file a survival action and wrongful death claim together. As experienced Webster Groves, MO wrongful death and survival action advocates, Burger Law can support you in overseeing both cases to their .
Who Can File a Survival Action Claim in Webster Groves, MO?
Survival action claims in Webster Groves, 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 could include:
- An individual or individuals named as the personal representative in your deceased's will
- If the individual or individuals designated are disqualified for any reasons, if there is no personal representative mentioned in the will or if there is no will, then:
- The husband or wife
- An individual with a lawful right to part of the estate that the court considers will "manage and preserve" the estate well
- A person chosen by the court
- A individual nominated by other people named in the will
Our Webster Groves, MO survival action lawyers can help you determine who is the personal representative in your family member's case, or appoint yourself as the personal representative if the legislation and your situation permits it.
Damages Available in a Survival Action Claim in Webster Groves, MO
The compensation you can pursue in a survival action case in Webster Groves, MO is similar to that of a personal injury case. Typically, your losses encompass:
- Medical expenses gathered between the date of injuries and your relative's death
- Lost income or lowered earnings if your family member's injuries altered their ability to generate income before their death
- Damage to property
- Pain and suffering and psychological trauma caused by the injuries that your relative experienced before death
How Much Is My Webster Groves, MO Survival Action Claim Worth?
The total value of your survival action claim in Webster Groves, MO is significantly dependent on the specific scenarios surrounding your relative's injuries and death. Vital factors involve:
- The amount of medical treatment obtained
- The amount of money lost from not being able to earn a living
- The duration your family member suffered from their injuries before they died
- In case your relative contributed to their injuries at all
- The level of insurance coverage available
One thing a survival action lawyer does is to thoroughly calculate the scope of your family member's damages and demand the full sum in a financial recovery. At Burger Law, our Webster Groves, MO survival action and wrongful death attorneys conduct a full examination into your case to guarantee you are reimbursed to the maximum degree possible.
Statute of Limitations for Webster Groves, 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 time limit can result in in losing your right to get compensation.
How to File a Survival Action Claim in Webster Groves, MO
Filing a survival action claim in Webster Groves, MO is a process that requires meticulous attention to legal procedures and deadlines. Here's what you need to do:
Initiating a Survival Action Claim
- Appointing a personal representative — If not already designated, selecting 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 formal appointment.
- Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is vital to seek advice from a lawyer expertise 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 unintentional death and personal injury lawyers offer free consultations, giving you no reason never to discuss to an attorney before moving forward.
- File a complaint — The personal representative, with the assistance of legal counsel, will initiate a lawsuit in a Missouri court. This court filing will lay out the details of the case, identify the individuals engaged, and enumerate the remedies requested.
Upon the submission of your claim, your Webster Groves, 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 key component of a lawsuit involving survival action in Webster Groves, MO, and your survival action lawyer will help in identifying and locating the required evidence. This may encompass:
- Medical records and bills to comprehensively document the extent of the injury and the medical care procedures needed
- Wage and employment records to clearly demonstrate income loss due to the injury
- Expert testimony, such as testimonies from medical experts, to confirm the reason and degree of the injury
- Witnesses who can attest to the conditions surrounding the accident
The Importance of Legal Representation
While it is feasible in theory to file a claim for survival action without an attorney, the complexities in legal affairs and procedural intricacies make it demanding if you do not possess legal expertise. An knowledgeable lawyer like those at Burger Law will give significant direction, defend your interests, and improve your chances of a favorable claim.
The optimal way to pursue a lawsuit involving survival action in Webster Groves, MO? Put your trust in Burger Law. We will attain a complete economic compensation for the damages and pain your dear one experienced. Let us take care of the legal facet of your case while you and your loved ones concentrate on grieving and recovering.
Legal Representation for Webster Groves, MO Survival Action Claims
Grieving the passing of an individual you hold dear about is always challenging, and it can be made even further trying when attempting to handle legal intricacies. Submitting and winning in a lawsuit involving survival action requires a deep comprehension of the law, meticulous collection of proof, months, and at times even years of your effort, and the ability to successfully argue in court. Taking into account these difficulties, it is crucial to seek professional legal aid to guarantee that fairness is delivered.
Importance of Legal Representation
In claims for survival action, possessing legal representation can make a substantial difference. Lawyers dedicating their practice in personal injury and wrongful death law possess the expertise and proficiency to handle the intricacies of these claims, assuring that the liable parties are held accountable and securing the optimal financial recovery 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 legal practice specializing in personal injury and wrongful death cases, we are devoted to supporting our individuals in dealing with the demanding journey towards justice. We understand the complexities of survival action claims, and we bring our entire dedication to every case we undertake. We adamantly endorse in equity and the civil court system that enables grieving family members to pursue justice. When you retain Burger Law's survival action lawyers in Webster Groves, MO, we:
- Provide a thorough grasp of the law and the topmost level of legal representation
- Evaluate and build your legal matter with diligent assessment and strategic planning
- Manage all legal proceedings, discussion, and legal actions on your side
- Fight for your rights and interests in court
- 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 Webster Groves, MO, contact Burger Law at (314) 500-HURT right away. We offer a complimentary initial consultation to talk about your case, review your options and elaborate on how we will fight for your family. You do not pay until we win your case. Let us assist you in seeking the justice that your beloved ones deserve. Contact us today to initiate the process.
Other types of cases we take on and win in Webster Groves, MO include:
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Speak to a Survival Action Lawyer in Webster Groves, MO Today
Survival action claims serve as a critical legal recourse to secure justice amidst an untimely passing. With Burger Law's assistance, you and your Webster Groves, MO family can seek the justice and maximum financial recovery that your family member deserved. Speak with an experienced Webster Groves, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a complimentary consultation.