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(314) 500-HURTIf a loved one passed away after being injured by someone else’s negligence, you can still get justice and a full financial recovery with Burger Law’s St. Louis survival action and wrongful death attorneys. Get a free consultation today by calling us at (314) 500-HURT or filling out our online contact form.
When a loved one is killed because someone else broke the rules, we can seek compensation for our grief, loss of support and funeral expenses in a wrongful death lawsuit. This helps compensate family member’s for their loved one’s death. But, in many cases, your loved one may have had an existing injury claim, whether that injury eventually led to their death or not. Survival actions, governed by specific Missouri laws, allow personal injury claims to continue even after the death of your family member. The intent behind survival actions is to ensure that the negligent party is held accountable for their actions and that justice is achieved, notwithstanding the death of the your injured loved one.
Burger Law is a St. Louis-based Missouri personal injury law firm that specializes in wrongful death and survival action claims. In our 30 years of experience we have recovered over $200 million for our clients. When a loved one is tragically lost, the last thing you may want to think about is the legal process. However, it is essential to understand your rights and the mechanisms available to seek justice. If someone you love was taken from you too soon, speak to survival action lawyer in Missouri today at (314) 500-HURT or contact us online for a free consultation.
Missouri Revised Statutes §537.020 outlines the state’s survival action statute. It states that all causes of action – reasons to file a lawsuit – except those for defamation and malicious prosecution shall survive the death of the person entitled or liable to the cause of action. In simpler terms, if a person is injured due to the negligence of another and subsequently dies, their personal representative can file a survival action to recover damages incurred from the time of injury until their loved one’s death. This is true whether the injury causes or contributed to their death or not.
The primary intent of survival actions is to ensure justice is served. If an injured person is unable to see their case through due to death, it does not absolve the defendant of liability. The survival statute keeps the personal injury claim alive, enabling recovery of damages that the deceased could have pursued if they had lived. The compensation goes to the estate of your loved one and is distributed according to their will or Missouri intestacy laws.
What Is the Difference Between Survival Action and Wrongful Death Claims in Missouri?
While survival actions and wrongful death claims in Missouri may seem similar, they are fundamentally different in terms of the damages they seek to recover:
In many cases, when an accident or injury leads to someone’s death but the person does not die at the scene, you can (and should) file a survival action and wrongful death claim at the same time. As experienced Missouri wrongful death and survival action attorneys, Burger Law can help you see both your cases through to the end.
Who Can File a Survival Action Claim in Missouri?
Survival action claims in Missouri are filed on behalf 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:
Our Missouri survival action lawyers can help you discover who is the personal representative in your loved one’s case, or establish yourself as the personal representative if the law and your situation allows it.
Damages Available in a Survival Action Claim in Missouri
The compensation you can make a claim for in survival action case in Missouri is similar to that of a personal injury case. Generally, your damages include:
The total value of your survival action claim in Missouri is heavily dependent on the unique circumstances surrounding your loved one’s injuries and death. Important factors include:
Part of a survival action lawyer’s job is to fully calculate the extent of your loved one’s damages and demand the full amount in compensation. At Burger Law, our Missouri survival action and wrongful death lawyers conduct a full investigation into your case to ensure you are compensated to the fullest extent possible.
Statute of Limitations for Missouri 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.
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
Filing a survival action claim in Missouri is a process that requires careful attention to legal procedures and deadlines. The following steps can guide you through the process:
Once your claim is filed, your Burger Law Missouri survival action lawyer will handle all of the litigation for you and stand by your side until you and your family get maximum compensation.
Collecting evidence is a critical component of a survival action claim in Missouri, and your survival action lawyer will help identify and find the evidence needed. This may include:
While it is technically possible to file a survival action claim without an attorney, the legal and procedural complexities make it challenging if you do not have legal training. An experienced attorney like those at Burger Law will provide valuable guidance, represent your interests and increase your chances of a successful claim.
The best way to file a survival action claim in Missouri? Trust Burger Law. We will get you a full financial recovery for the injuries and harm your loved one experienced. Let us handle the legal aspect of your case while you and your family focus on grieving and healing.
Legal Representation for Missouri Survival Action Claims
Grieving the loss of someone you care about is always challenging, and can be made even more so trying to navigate legal complexities. Filing and winning a survival action claim demands a deep understanding of the law, careful gathering of evidence, weeks, months and sometimes years of your time and the ability to advocate effectively in court. Given these challenges, it is crucial to seek professional legal assistance to ensure that justice is served.
In survival action claims, having legal representation can make a significant difference. Attorneys specializing in personal injury and wrongful death law have the knowledge and experience to navigate the nuances of these claims, ensure the liable parties are held accountable and get your family maximum compensation. Our survival action attorneys understand the Missouri legal system and do not stop fighting until there is nothing left to fight.
As a law firm specializing in personal injury and wrongful death cases, we are dedicated to helping our clients navigate the difficult journey towards justice. We understand the intricacies of survival action claims, and we bring our full commitment to every case we handle. We firmly believe in justice and the civil court system that allows grieving family members to seek justice. When you hire Burger Law’s Missouri survival action lawyers, we:
If you think you have a survival action claim in Missouri, call Burger Law at (314) 500-HURT now. We offer a free initial consultation to discuss your case, your options and how we will fight for your family. You do not pay until we win your case. Let us help you pursue the justice that your loved ones deserve. Contact us today to get started.
CALL BURGER LAW NOW
Survival action claims represent a crucial legal avenue for ensuring justice in the face of an untimely death. With Burger Law’s help, you and your Missouri family can find the justice and full financial recovery your loved one deserved. Speak to an experienced Missouri survival action lawyer today at (314) 500-HURT or fill out our online contact form for a free consultation.
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This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
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