Survival Action Lawyer in Missouri

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Survival Action Lawyer in Missouri

Survival action lawyer in St. Louis, Missouri. If 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.

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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.

What Is a Survival Action in Missouri?

What Is a Survival Action in Missouri?

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?

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:

  • Survival actions seek to recover the damages that the deceased could have claimed if they had survived, such as medical expenses, lost wages and pain and suffering from the time of injury until death. Compensation is awarded to your loved one'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 loss. This can include funeral and burial expenses, loss of financial support and loss of companionship and guidance. Compensation is given directly to grieving family members and loved ones.

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?

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:

  • A person or people designated as the personal representative in your loved one's will
  • If the person or people designated are disqualified for any reasons, if there is no personal representative named in the will or if there is no will, then:
    • The spouse
    • Someone with a legal right to part of the estate that the court thinks will "manage and preserve" the estate well
    • A person appointed by the court
    • A person nominated by other people named in the will

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

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:

  • Medical bills accumulated between the date of injuries and your loved one's death
  • Lost wages or reduced wages if your loved one's injuries affected their ability to earn a living before their death
  • Property damage
  • Conscious pain and suffering and emotional distress caused by the accident that your loved one experienced before death

How Much Is My Missouri Survival Action Claim Worth?

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:

  • The amount of medical treatment received
  • The amount of money lost from not being able to work
  • How long your loved one suffered for their injuries before they passed
  • Whether your loved one contributed to their injuries in any way
  • The amount of insurance coverage available

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

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.

How to File a Survival Action Claim in Missouri

How to File a Survival Action Claim in Missouri

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:

Initiating a Survival Action Claim

  • Appoint a personal representative — If not already appointed, identify a personal representative for your loved one's estate. This could be through their will or through a court appointment.
  • Consult a lawyer — Due to the complex nature of survival action claims, it is imperative to consult with a lawyer who specializes in personal injury 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 wrongful death and personal injury lawyers offer free consultations, so you have no reason not to talk to an attorney before moving forward.
  • File a complaint — The personal representative, with the help of an attorney, will file a complaint in a Missouri court. This document will outline the facts of the case, identify the parties involved and specify the damages sought.

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.

Gathering Necessary Evidence

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:

  • Medical records and bills to document the extent of the injury and the medical treatment required
  • Wage and employment records to demonstrate lost income
  • Expert testimony, such as medical experts, to establish the cause and extent of the injury
  • Witnesses who can attest to the circumstances surrounding the injury

The Importance of Legal Representation

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.

Importance of Legal Representation

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.

Our Expertise and Commitment

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:

  • Provide a thorough understanding of the law and the highest level of legal advocacy
  • Evaluate and build your case
  • Handle all legal proceedings, negotiation and litigation on your behalf
  • Advocate for your rights and interests in court
  • Provide compassionate emotional support as you and your family navigate this difficult time

Let Us Help You

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.

Speak to a Survival Action Lawyer in Missouri Today

Call Burger Law Now

Speak to a Survival Action Lawyer in Missouri Today

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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