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Survival Action Lawyer in West St. Louis County, MO
Survival action lawyer in West St. Louis County, MO. If someone dear to your heart has left us after being injured because of someone else's carelessness, you can still pursue justice and a comprehensive financial recovery with Burger Law's West St. Louis 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.
If a relative is hurt fatally due to the fact that another individual didn't follow the rules, we may strive for compensation for your grief, financial support loss and funeral costs in a wrongful death lawsuit. This action reimburses families for their loved one's death. But, in many cases, your dear one might have an existing injury claim, whether or not this injury was their cause of death or not. Survival claims, controlled by particular Missouri laws, permit personal injury claims to persist even after the passing of your dear one. The aim behind survival actions is to guarantee that the negligent party is held accountable for their actions, and that justice is accomplished, regardless of the death of your wounded family member.
Burger Law is a well-known West St. Louis County, MO personal injury law firm that is dedicated to wrongful death and survival action claims. With our 30 of fighting for justice, we have skillfully recovered over $200 million for our clients in West St. Louis County and throughout Missouri. When faced with the devastating death of a family member, the last thing you might wish to contemplate is the complexities of the legal system. Nevertheless, understanding your rights and the available mechanisms to seek justice is certainly crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in West St. Louis County, MO today at (314) 500-HURT or contact us online for a free consultation.
What Is a Survival Action in West St. Louis 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 endure despite the death of the person entitled to 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 appointed representative can initiate a survival action to recoup damages incurred from the time of injury until their loved one's demise. This remains true regardless of whether the injury directly caused their death or not.
The principal objective behind survival actions is to ensure that justice is served. If an injured person is unable to proceed with 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 given out according to their will or Missouri intestacy laws.
What Is the Difference Between Survival Action and Wrongful Death Claims in West St. Louis County, MO?
Although survival actions and wrongful death claims in West St. Louis County, MO might seem alike, they are essentially different in terms of the compensation they aim to recover.
- Survival actions aim 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 given 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 endeavor to compensate the loved ones of the deceased for their sorrow. This might include funeral and burial expenses, lack of economic support, and loss of camaraderie and advice. Compensation is awarded directly to grieving loved ones.
In many cases, when an when an accident or injury results in someone's death but the person does not pass away at the place, you could (and ought to) lodge a survival action and wrongful death claim together. As knowledgeable West St. Louis County, MO wrongful death and survival action lawyers, Burger Law can support you in handling both cases to their completion.
Who Can File a Survival Action Claim in West St. Louis County, MO?
Survival action claims in West St. Louis County, MO are filed 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 may include:
- An individual or people specified as the personal representative in your loved one's will
- In case the person or persons designated are unfit for any reasons, should there is no personal representative specified in the will or if there is no will, then:
- The spouse
- A person with a lawful right to part of the estate that the court considers will "care for and preserve" the estate well
- A person selected by the court
- A individual nominated by other individuals named in the will
Our West St. Louis County, MO survival action lawyers can help you find out who is the personal representative in your family member's case, or establish yourself as the personal representative if the legalities and your situation allows it.
Damages Available in a Survival Action Claim in West St. Louis County, MO
The financial recovery you can pursue in a survival action case in West St. Louis County, MO is comparable to that of a personal injury case. Generally, your expenses incorporate:
- Medical expenses gathered between the date of injuries and your family member's death
- Lost income or reduced wages if your family member's injuries impacted their ability to earn a living before their death
- Loss of property
- Pain and suffering and mental anguish caused by the injuries that your relative experienced before death
How Much Is My West St. Louis County, MO Survival Action Claim Worth?
Calculating your survival claim damages in West St. Louis County, MO is heavily contingent on the individual scenarios surrounding your relative's damages and death. Crucial factors include:
- The amount of medical care received
- The amount of money missed out on from not being able to engage in employment
- The duration your relative suffered from their injuries before they died
- Should your relative contributed partly to their injuries in any way
- The extent of insurance coverage available
One thing a survival action lawyer does is to thoroughly compute the magnitude of your family member's damages and demand the full sum in a settlement. At Burger Law, our West St. Louis County, MO survival action and wrongful death lawyers carry out a full examination into your case to ensure you are compensated to the greatest extent possible.
Statute of Limitations for West St. Louis 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 vital to move forward promptly, as missing the due date can result in in losing your right to get compensation.
How to File a Survival Action Claim in West St. Louis County, MO
Filing a survival action claim in West St. Louis County, MO is a process that requires careful 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, naming 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.
- Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is vital to talk to a lawyer proficient in injury or wrongful death cases. They can assist you through the legal process, guarantee compliance with the statute of limitations, and fight for your rights in court. Most unintentional death and bodily harm lawyers provide free consultations, providing you no reason never to talk to an attorney before taking further action.
- File a complaint — The personal representative, with the help of an attorney, will initiate a lawsuit in a Missouri court. This legal paper will set forth the particulars of the matter, specify the entities involved, and particularize the remedies sought after.
Upon the submission of your claim, your West St. Louis 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 essential factor of a claim for survival action in West St. Louis County, MO, and your attorney for survival action will help in discovering and finding the essential evidence. This may encompass:
- Medical records and bills to adequately detail the scope of the damage and the healthcare procedures needed
- Wage and employment records to clearly demonstrate income loss due to the injury
- Expert testimony, such testimonies from healthcare specialists, to confirm the cause and extent of the harm
- Witnesses who can verify to the circumstances related to the injury
The Importance of Legal Representation
While it is technically possible to submit a survival action claim without an legal representative, the intricacies in legal matters and procedural complexities make it challenging if you don't have legal expertise. An knowledgeable attorney like those at Burger Law will provide invaluable guidance, advocate for your interests, and increase your likelihood of a positive outcome.
The optimal way to pursue a lawsuit involving survival action in West St. Louis County, MO? Rely on Burger Law. We will obtain a total monetary recovery for the damages and anguish your cherished one went through. Let us handle the legal facet of your lawsuit while you and your family focus on grieving and healing.
Legal Representation for West St. Louis County, MO Survival Action Claims
Grieving the passing of an individual you hold dear about is constantly difficult, and it can be made even more difficult when attempting to deal with complex legal matters. Initiating and winning in a claim for survival action necessitates a deep understanding of the legal framework, diligent gathering of supporting documents, months, and occasionally even years of your energy, and the capability to successfully plead in a courtroom. Given these obstacles, it is crucial to seek professional legal aid to guarantee that fairness is served.
Importance of Legal Representation
In lawsuits involving survival action, having legal counsel can make a substantial difference. Lawyers dedicating their practice in personal injury and wrongful death law carry the understanding and proficiency to handle the complexities of these claims, assuring that the liable parties are made accountable and securing 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 specializing in personal injury and wrongful death cases, we are devoted to supporting our individuals in navigating the challenging path towards justice. We understand the complexities of survival action claims, and we employ our full commitment to every legal matter we take on. We adamantly endorse in fairness and the legal system that enables bereaved relatives to seek justice. When you retain Burger Law's survival action lawyers in West St. Louis County, MO, we:
- Provide an extensive grasp of the law and the topmost level of legal advocacy
- Evaluate and construct your case with careful assessment and strategic planning
- Manage all legal procedures, discussion, and court proceedings on your part
- Advocate for your rights and interests in the court system
- Provide sympathetic emotional support as you and your family deal with this trying time
Let Us Help You
If you believe you have a survival action claim in West St. Louis County, MO, contact Burger Law at (314) 500-HURT now. We offer a no-cost initial consultation to talk about your case, discuss your options and explain how we will battle for your loved ones. You do not pay until we win your case. Let us help you in pursuing the justice that your beloved ones deserve. Contact us today to initiate the process.
Other types of cases we take on and win in West St. Louis County, MO include:
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Speak to a Survival Action Lawyer in West St. Louis County, MO Today
Survival action claims serve as a critical legal option to ensure justice in the face of an untimely death. With Burger Law's assistance, you and your West St. Louis County, MO family can obtain the justice and maximum financial recovery that your loved one deserved. Contact an experienced West St. Louis County, MO survival action lawyer today at (314) 500-HURT or fill out our online contact form for a no-cost consultation.