Survival Action Lawyer in Wildwood, MO

Survival action lawyer in Wildwood, MO. If someone dear to your heart has gone to a better place after being injured due to someone else's carelessness, one can still pursue justice and a comprehensive financial compensation with Burger Law's Wildwood, MO survival action and wrongful death attorneys. Set up a free consultation today by dialing our number at (314) 500-HURT or completing our online contact form.

In the event that a family member is fatally injured since someone else violated the rules, we can strive for compensation for your grief, loss of support and funeral expenses in a wrongful death lawsuit. This reimburses families for their relative's death. Nonetheless, in many cases, your relative might have an existing personal injury claim, whether or not that injury was their cause of death or not. Survival claims, controlled by specific Missouri laws, allow injury claims to proceed even though the death of your loved one. The aim behind survival actions is to ensure that the reckless party is made accountable for their actions, and that justice is achieved, despite the death of your wounded dear one.

Burger Law is a well-known Wildwood, MO personal injury law firm that prioritizes wrongful death and survival action claims. With our three decades of fighting for justice, we have efficiently recovered over $200 million for our clients in Wildwood and throughout Missouri. When faced with the devastating death of a loved one, the last thing you might want to contemplate is the legal process. Nevertheless, comprehending your rights and the available mechanisms to pursue justice is undoubtedly crucial. If you have lost someone you love prematurely, speak with a survival action lawyer in Wildwood, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Wildwood, 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 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 legal representative can commence a survival action to recoup damages incurred from the time of injury until their loved one's death. This holds true regardless of whether the injury directly caused their death or not.

The principal intention 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 Wildwood, MO?

While survival actions and wrongful death claims in Wildwood, MO seem to be alike, they are fundamentally distinct in terms of the damages they seek to recover.

• Survival actions aim to recover the damages that the deceased could have recovered had they survived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is allotted to your deceased's estate and then allocated based on their will. You can seek punitive damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to reimburse the kin of the deceased for their grief. This might include funeral and burial expenses, lack of monetary help, and loss of companionship and guidance. Compensation is awarded directly to mourning relatives.

In many cases, when an when an event or injury results in someone's death but the person does not pass away at the location, you might (and should) lodge a survival action and wrongful death claim concurrently. As experienced Wildwood, MO wrongful death and survival action lawyers, Burger Law can support you in managing both cases to their completion.

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

Survival action claims in Wildwood, 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 may include:

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

Our Wildwood, MO survival action lawyers can help you find out who is the personal representative in your loved one's case, or designate yourself as the personal representative if the law and your situation permits it.

Damages Available in a Survival Action Claim in Wildwood, MO

The compensation you can seek in a survival action case in Wildwood, MO is equivalent to that of a personal injury case. Usually, your expenses comprise:

• Healthcare expenses collected between the date of accident and your family member's death
• Lost wages or decreased income if your family member's injuries affected their ability to provide for themselves and family before their death
• Destruction of property
• Pain and suffering and emotional distress caused by the injuries that your deceased experienced before death

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

Calculating your survival claim damages in Wildwood, MO is largely dependent on the unique conditions surrounding your relative's injuries and death. Vital factors include:

• The amount of medical treatment obtained
• The amount of money lost from not being able to engage in employment
• How long your loved one suffered from their injuries before they died
• Whether your loved one contributed to their injuries at all
• The insurance policy limits

One thing a survival action lawyer does is to thoroughly compute the extent of your relative's damages and demand the full total in a settlement. At Burger Law, our Wildwood, MO survival action and wrongful death lawyers execute a full inquiry into your case to make sure you are paid to the greatest extent possible.

Statute of Limitations for Wildwood, 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 losing your right to pursue a financial recovery.

How to File a Survival Action Claim in Wildwood, MO

Filing a survival action claim in Wildwood, MO is a process that requires thorough attention to legal processes 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 deceased 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 crucial to talk to a lawyer proficient in tort or wrongful death cases. They can lead you through the legal process, ensure compliance with the statute of limitations, and advocate for your rights in court. Most wrongful death and personal injury lawyers give free consultations, affording you no reason not to talk to an attorney before moving forward.
• File a complaint — The personal representative, with the help of an attorney, will initiate a lawsuit in a Missouri court. This will set forth the particulars of the lawsuit, identify the entities involved, and enumerate the remedies desired.

Once your claim is filed, your Burger Law Wildwood, 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 element of a claim for survival action in Wildwood, MO, and your survival action lawyer will assist in pinpointing and obtaining the needed evidence. This could involve:

• Medical records and bills to comprehensively document the scope of the damage and the medical procedures necessary
• Wage and employment records to conclusively show income loss due to the injury
• Expert testimony, such statements by medical experts, to confirm the cause and severity of the harm
• Witnesses who can verify to the conditions surrounding the injury

The Importance of Legal Representation

While it is theoretically achievable to file a lawsuit involving survival action without an lawyer, the complications in legal matters and procedural intricacies make it demanding if you don't have legal expertise. An knowledgeable attorney like those at Burger Law will give significant assistance, advocate for your rights, and improve your probability of a favorable claim.

The most effective way to file a lawsuit involving survival action in Wildwood, MO? Rely on Burger Law. We are determined to secure a total economic recovery for the injuries and pain your dear one endured. Let us handle the legal facet of your case while you and your loved ones concentrate on mourning and healing.

Legal Representation for Wildwood, MO Survival Action Claims

Grieving the departure of someone you love about is always demanding, and it can be made even further trying when trying to navigate complex legal matters. Filing and winning in a claim for survival action demands a thorough understanding of the legal framework, meticulous collection of supporting documents, months, and at times even years of your time, and the capacity to efficiently advocate in court. Taking into account these difficulties, it is essential to look for professional legal support to ensure that equity is served.

Importance of Legal Representation

In survival action claims, possessing legal counsel can make a substantial difference. Attorneys dedicating their practice in personal injury and wrongful death law carry the expertise and experience to navigate the nuances of these claims, ensuring that the liable parties are made accountable and achieving the optimal financial recovery for your loved ones. Our survival action attorneys understand the Missouri legal system completely and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a law firm dedicated to personal injury and wrongful death cases, we are devoted to assisting our customers in maneuvering the demanding journey towards justice. We understand the details of survival action claims, and we bring our complete commitment to every lawsuit we handle. We adamantly endorse in fairness and the judicial system that enables bereaved kin to pursue justice. When you retain Burger Law's survival action lawyers in Wildwood, MO, we:

• Provide a comprehensive grasp of the law and the highest level of legal representation
• Evaluate and construct your legal matter with diligent examination and well-thought-out planning
• Take care of all legal procedures, bargaining, and litigation on your part
• Advocate for your rights and interests in the court system
• Provide compassionate emotional support as you and your family deal with this trying time

Let Us Help You

If you think you have a survival action claim in Wildwood, MO, reach out to Burger Law at (314) 500-HURT now. We offer a free initial consultation to discuss your lawsuit, consider your options and explain 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 dear ones are entitled to. Contact us today to begin the process.

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

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

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