Survival Action Lawyer in Bloomfield, MO

If someone you love passed away after being injured because of someone else’s negligence, one can still seek justice and a full financial compensation with Burger Law’s Bloomfield, MO survival action and wrongful death attorneys. Set up a free consultation today by dialing our number at (314) 500-HURT or filling out our online contact form.

If a loved one is hurt fatally since another individual broke the rules, we can strive for a financial recovery for your grief, loss of support and burial expenses in a wrongful death lawsuit. This reimburses families for their relative’s death. However, in many cases, your relative might have an existing injury claim, regardless of whether that injury resulted to their death or not. Survival claims, regulated by specific Missouri laws, allow injury claims to proceed even though the demise of your family member. The aim behind survival claims is to ensure that the careless party is held accountable for their actions, and that justice is accomplished, in spite of the death of your hurt loved one.

Burger Law is a renowned Bloomfield, MO personal injury law firm that is dedicated to wrongful death and survival action claims. With our many years of fighting for justice, we have effectively recovered over $200 million for our clients in Bloomfield and throughout Missouri. When faced with the devastating loss of a family member, the last thing you might wish to contemplate is the complexities of the legal system. Nevertheless, comprehending your rights and the available mechanisms to obtain justice is undoubtedly crucial. If you have lost someone you hold dear too soon, speak with a survival action lawyer in Bloomfield, MO today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Bloomfield, MO?

Missouri Revised Statutes §537.020 outlines the state’s statute on survival actions. According to this statute, all causes of action – reasons to file a lawsuit – except those for defamation and malicious prosecution, shall persist despite the death 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 personal 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 aim 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 distributed according to their will or Missouri intestacy laws.

What Is the Difference Between Survival Action and Wrongful Death Claims in Bloomfield, MO?

Though survival actions and wrongful death claims in Bloomfield, MO might seem alike, they are fundamentally distinct in terms of the compensation they seek to recover.

• Survival actions strive to recover the damages that the deceased could have pursued had they lived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is given to your loved one’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 seek to compensate the loved ones of the deceased for their losses. This may include funeral and burial expenses, lack of financial support, and loss of companionship and counsel. Compensation is granted directly to grieving family members.

In many cases, when an when an event or injury results in someone’s death but the person does not die at the site, you could (and should) lodge a survival action and wrongful death claim at the same time. As seasoned Bloomfield, MO wrongful death and survival action counselors, Burger Law can assist you in overseeing both cases to their .

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

Survival action claims in Bloomfield, MO are submitted on behalf of your family member’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 persons designated as the personal representative in your loved one’s will
• In case the individual or individuals designated are ineligible for any reasons, when 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 claim to part of the estate that the court believes will “care for and preserve” the estate well
  • A person selected by the court
  • A person nominated by other people named in the will

Our Bloomfield, MO survival action lawyers can help you discover who is the personal representative in your relative’s case, or designate yourself as the personal representative if the legislation and your situation it.

Damages Available in a Survival Action Claim in Bloomfield, MO

The compensation you can seek in a survival action case in Bloomfield, MO is similar to that of a personal injury case. Generally, your losses encompass:

• Medical costs accrued between the date of accident and your relative’s death
• Missed earnings or lowered earnings if your family member’s injuries altered their ability to earn a living before their death
• Loss of property
• Pain and suffering and psychological trauma caused by the injuries that your deceased experienced before death

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

Calculating your survival claim damages in Bloomfield, MO is greatly dependent on the unique conditions surrounding your family member’s damages and death. Important factors involve:

• The extent of medical care received
• The amount of money missed out on from not being able to perform job functions
• How long your family member suffered from their injuries before they passed away
• In case your family member added to their injuries in any way
• The level of insurance coverage available

One thing a survival action lawyer does is to thoroughly assess the scope of your family member’s damages and demand the full sum in a settlement. At Burger Law, our Bloomfield, MO survival action and wrongful death lawyers conduct a full examination into your case to guarantee you are paid to the highest level possible.

Statute of Limitations for Bloomfield, 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 proceed promptly, as missing the time limit can result in in forfeiting your right to get a financial recovery.

How to File a Survival Action Claim in Bloomfield, MO

Filing a survival action claim in Bloomfield, 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, naming a personal representative for your deceased loved one’s estate is essential. This appointment can be established either as per their will or through a formal appointment.
• Consult with a lawyer — 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, make certain compliance with the statute of limitations, and advocate for your rights in court. Most accidental death and bodily harm lawyers provide free consultations, giving 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 commence a legal claim in a Missouri court. This will lay out the facts of the matter, specify the parties participating, and state the remedies requested.

Once your claim is officially lodged, your Burger Law lawyer for survival actions in Bloomfield, MO will manage all aspects of the litigation process, providing unwavering support until you and your loved ones obtain the maximum possible compensation

Gathering Necessary Evidence

Collecting evidence is a vital factor of a claim for survival action in Bloomfield, MO, and your attorney for survival action will aid in recognizing and locating the needed evidence. This might include:

• Medical records and bills to adequately detail the extent of the injury and the healthcare treatments needed
• Wage and employment records to clearly demonstrate income loss due to the injury
• Expert testimony, including statements by healthcare specialists, to establish the root and extent of the injury
• Witnesses who can confirm to the events surrounding the injury

The Importance of Legal Representation

While it is technically possible to initiate a survival action claim without an lawyer, the intricacies in legal matters and procedural intricacies make it demanding if you don’t have legal training. An skilled attorney like those at Burger Law will offer significant assistance, advocate for your rights, and increase your chances of a successful claim.

The optimal way to submit a survival action claim in Bloomfield, MO? Rely on Burger Law. We will obtain a complete financial compensation for the damages and suffering your dear one went through. Let us handle the legal aspect of your legal matter while you and your loved ones concentrate on mourning and recovering.

Legal Representation for Bloomfield, MO Survival Action Claims

Grieving the loss of a person you care about is always challenging, and it can be made even more challenging when attempting to deal with legal complexities. Submitting and winning in a claim for survival action requires a profound understanding of the legal framework, careful gathering of evidence, months, and sometimes even years of your effort, and the capacity to efficiently plead in court. Considering these obstacles, it is vital to search for professional legal assistance to assure that fairness is served.

Importance of Legal Representation

In lawsuits involving survival action, having legal counsel can make a substantial difference. Lawyers specializing in personal injury and wrongful death law have the expertise and proficiency to handle the intricacies of these claims, assuring that the liable parties are held responsible and securing the maximum compensation for your family. 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 committed to supporting our customers in navigating the challenging path towards justice. We understand the complexities of survival action claims, and we utilize our complete resolve to every lawsuit we take on. We adamantly advocate in fairness and the civil court system that enables bereaved family members to pursue justice. When you hire Burger Law’s survival action lawyers in Bloomfield, MO, we:

• Provide an extensive knowledge of the law and the topmost level of legal advocacy
• Evaluate and build your lawsuit with diligent examination and well-thought-out planning
• Handle all legal processes, bargaining, and court proceedings on your side
• Fight for your rights and interests in court
• Provide compassionate emotional support as you and your family face this challenging time

Let Us Help You

If you believe you have a survival action claim in Bloomfield, MO, contact Burger Law at (314) 500-HURT immediately. We provide a no-cost first consultation to discuss your legal matter, explore your options and elaborate on how we will battle for your loved ones. You do not pay until we win your case. Let us support you in seeking the justice that your cherished ones deserve. Contact us today to initiate the process.

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

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Speak to a Survival Action Lawyer in Bloomfield, MO Today

Survival action claims serve as a essential legal recourse to secure justice in the face of an untimely death. With Burger Law’s support, you and your Bloomfield, MO family can obtain the justice and full financial recovery that your loved one deserved. Contact an experienced Bloomfield, MO survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

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!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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