St. Louis Survival Action Lawyer

The loss of a loved one due to the wrongful actions of another is one of the hardest things a family can endure. Amid planning funerals and grappling with unbearable grief, no family should be left without support in the fight for justice on behalf of their loved one. Thankfully, in the wake of this untimely tragedy, surviving family members do not have to tackle this burden alone.

Burger Law is a St. Louis-based Missouri wrongful death and personal injury law firm with over 30 years of experience filing, litigating and winning survival action claims. We know no amount of money can bring back your loved one. With our compassionate and expert team, we offer the highest level of legal advocacy so families can find justice and recognition for their loved one’s death. Survival action claims are a vital part of wrongful death lawsuits as they allow us to hold wrongdoers accountable to the fullest extent possible and offer your family the highest sense of justice for your loved one’s death.

If your loved one was killed because another person broke the rules, call Burger Law today at (312) 966-4657 or contact us online.

Why Choose Burger Law’s St. Louis, Missouri Survival Action Attorneys for Your Case

In the hardest of times, it can be even harder to know how to hire the right lawyer to help your family recover from this moment. You want someone with a history of winning similar cases and who you know will not back down from a fight. In order to gauge the abilities of a survival action lawyer, you need to take into account their previous victories and their reputation among their clients and peers. The many awards, honors and accolades Burger Law has received from our peers include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to not more than 5 percent of all lawyers nationwide.
• Million and Multi-Million Dollar Advocate Honor — Members of the Million and Multi-Million Dollar Advocates Forum, an honor only given to 1 percent of attorneys in the United States.
• Top 100 Trial Lawyers Honor — Selected to the Top 100 Trial Lawyers by The National Trial Lawyers, an invitation-only award that is comprised of the most qualified attorneys in each state.
• Board Certified By the National Board of Trial Advocacy — Board certified in Civil Trial Advocacy and Civil Pretrial Practice Advocacy by the National Board of Trial Advocacy. Less than 4 percent of all practicing lawyers are certified by an American Bar Association accredited certification board.

Any St. Louis survival action lawyer can say just about anything, but having a proven track record of success is another matter entirely. Click on the links below to read about some of the great victories we have secured in St. Louis and Missouri wrongful death and survival action claims:

• $5,000,000 Settlement – Father Killed by Reckless Truck Driver
• $3 Million Judgment – Son Murdered by Pam Hupp
• $2.5 Million Settlement for Father’s Fatal Car Accident
• $1 Million Dollar Settlement to Family of Man with Sepsis Infection
• $1,000,000 Settlement for Tow Truck Driver Killed by Reckless Driver
• $765,000 Settlement After Fatal Collision
• Widow in ATV Accident Settles with Property Owner – $600,000 Settlement
• Wrongful Death Medical Malpractice Case
• Large Confidential Settlement Against a Large Pharmacy for Drug Liability
• Great Settlement for Lost Chance of Survival
• Large Settlement for Family of an Elderly Woman who Suffered Nursing Home Abuse
• Confidential Settlement Obtained for Wrongful Death Case due to Fentanyl
• Large Cash Settlement for Wrongful Death by Drug Manufacturer

What Is a Survival Action?

In any injury claim, you can seek compensation for medical expenses, lost wages, pain and suffering and other damages that result from your injuries. A survival action, also known as a survivorship claim, offers family members the compensation their loved one would have received for their injuries if they had not passed away. A survival action is a lawsuit brought by the estate of a deceased individual who has suffered harm due to the negligence or intentional actions of another party.

A survival action can be brought either alongside a wrongful death claim – for example if your loved one succumbed to injuries from a car accident – or as a standalone claim, for example if your loved one recovered from their car accident injuries, but passed away before receiving a settlement.

What Is the Difference Between a Survival Action and a Wrongful Death Claim?

The main difference between survival actions and wrongful death claims is the compensation being sought and who can bring the claim. Wrongful death claims compensate family members for their own damages related to their loved one’s death, while survival actions compensate a representative of the deceased’s estate for the money owed to the deceased. Wrongful death and survival action claims in Missouri are usually filed at the same time for the same incident, but legally speaking are two separate claims.

 

In a wrongful death claim, you are seeking compensation from the person who directly caused your loved one’s death for your damages related to their death. In a survival action claim, the claim is against a person who injured your loved one – whether or not those injuries led to death – for the damages sustained by your loved one before they passed.

Wrongful death claims in Missouri are time-sensitive. The statute of limitations is three (3) years from the date of your loved one’s passing. It is important to get in touch with one of our highly-skilled Burger Law St. Louis wrongful death attorneys right away.

Under Missouri Revised Statute §537.080 wrongful death claims may be brought by:

• Spouses of the deceased
• Children
• Parents
• Siblings
• Nieces and nephews

Compensation for wrongful death claims can include:

• Loss of financial support and benefits
• Loss of consortium
• Funeral and burial expenses
• Loss of guidance
• Loss of instruction to children
• Costs of counseling for family members
• Pain and suffering on behalf of the family members

By contrast, compensation for survival actions go to the deceased’s estate, and compensate heirs for the damages their loved one incurred before their death.

What Compensation Is Available in a Survival Action Claim in St. Louis, Missouri?

Under Missouri Revised Statute §537.020, in a survival action your loved one’s estate makes a claim for all the damages accrued prior to their death – “as if such death had not occured.” Those damages can include:

• Economic damages, which compensate you for the money spent because of your loved one’s injuries. They include:
  • Lost wages and lost earning capacity, from the time of the accident to your loved one’s death
  • All medical expenses incurred since their injury
  • Any property damage from their injuries, such as damage to their vehicle
  • Any out-of-pocket expenses
• Non-economic damages, commonly referred to as “pain and suffering,” or in this case, “conscious pain and suffering.” Conscious pain and suffering refers to the physical pain, emotional distress, fear, anxiety, and other forms of suffering that your loved one experienced before their death, including the knowledge that they may soon pass.
• Punitive damages, which, though not common in survival action claims, compensate you if the wrongdoer’s actions were especially reckless or if they intentionally harmed your loved one.

How Much Is My St. Louis Survival Action Claim Worth?

The value of your survival action claim depends on the specifics of your loved one’s injuries and death. Generally, compensation for your survival action will be based on:

• The extent of your loved one’s injuries and treatment (and resulting medical bills)
• How long your loved one suffered before they passed
• How your loved one’s injuries affected their life before their death, for example if they were unable to work or participate in their favorite activities
• Whether your loved one was partially responsible for their injuries

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 St. Louis wrongful death and survival action lawyers conduct a full investigation into your case to ensure you are compensated to the fullest extent possible.

Who Can File a Survival Action Claim in St. Louis, MO?

Under Missouri Revised Statute §537.020, survival action lawsuits can be brought by the “personal representative” of your loved one’s estate. The personal representative is usually named in your loved one’s will, and is often a spouse, adult child or close relative. If there is no will or if a personal representative was not named, under Missouri Revised Statute §473.110, the court can appoint the following as a personal representative:

• A spouse
• One or more people who are entitled to parts of the estate, chosen by who the court believes will manage the estate best
• A person appointed by the court
• A person nominated by people mentioned in the will

If your loved one did not have a will or did not name a personal representative, Burger Law’s St. Louis survival action attorneys can help you with that part of the legal process too.

Who Gets the Money From a Survival Actions Claim in Missouri?

Because the survival action claim is filed on behalf of your loved one’s estate, that estate also receives the final payout, and how the money is dispersed is left up to your loved one’s will and/or Missouri state laws:

• If your loved one had a valid will, the compensation would be distributed to the beneficiaries named in the will according to the terms set out in the document.
• If your loved one died intestate, meaning, without a will, the Missouri laws of intestate succession apply. Generally, these laws distribute the estate in the following order:
  • To the surviving spouse and/or children
  • If there is no surviving spouse or children, to your loved one’s parents, siblings or descendants of siblings
  • If none of the above are alive, the estate would be distributed to next of kin according to the law

Do I Need a Lawyer for My Survival Action Claim in St. Louis?

For the best possible results in your claim, you need a dedicated, experienced and tenacious St. Louis survival action lawyer to stand in your corner and fight on your behalf. When you hire Burger Law, we offer:

• Free consultation — We can thoroughly evaluate your case to determine its potential value and viability, helping you understand your legal options and the potential outcomes of pursuing a survival action. We know you are going through a lot right now. Let us provide the legal opinion you need to make the best informed decision for your family.
• Understanding of law and procedure — Our seasoned St. Louis survival action attorneys understand the complexities of Missouri’s survival action laws and probate processes. We will apply the law and protect your interests at every stage in your case, from our initial consultation to securing justice in the form of financial compensation.
• Gathering evidence — Medical records, police reports, eyewitness statements and expert testimonies are all needed to ensure the best possible outcome for your family’s survival action claim. We know how to find evidence and how to use it to support your claim.
• Calculation of damages — Determining the full extent of damages can be complicated, especially in cases where someone has died. A St. Louis survival action attorney can help accurately calculate the economic and non-economic damages your family is owed, and ensure nothing is left on the table.
• Negotiation with insurance companies — Insurance companies often use tricks to avoid paying claims. At Burger Law, we know how to combat them. As wrongful death and survival action claims often involve hundreds of thousands of dollars in compensation – if not millions – insurance adjusters will only try harder to minimize your compensation. We will not let that happen. Our wrongful death lawyers stand up to bullies like resistant insurance companies who try to keep good people like you who did nothing wrong from the compensation they are owed.
• Representation in court — If the other party will not accept responsibility for your loved one’s death, we will file a lawsuit against them in court and take them to trial. As experienced St. Louis trial attorneys, we know how to present your case in front of a judge and jury to get you the best results possible.
• Compassionate emotional support — Our compassionate lawyers understand the emotional toll your loved one’s death has had and will provide not only legal but emotional support as well. Losing a family member is one thing; having to deal with the legal repercussions is something you may never have even considered before now. Let us focus on fighting the good fight while you and your family focus on healing.

Navigating a survival action can be complex and emotionally draining. With a skilled St. Louis survival action attorney on your side, you can focus on your grieving and your personal well-being while your legal rights and interests are vigorously protected.

Speak to a St. Louis and Missouri Survival Action Lawyer Today

Burger Law stands at the forefront of St. Louis and Missouri personal injury law, specializing in survival actions and wrongful death claims. As experienced St. Louis injury trial attorneys, we can see your case through from initial consultation to well-deserved justice. We understand the profound impact a loved one’s passing can have on surviving family members, and we are deeply committed to providing you with expert legal advice, compassionate support and the aggressive representation you need during these difficult times. Our distinguished team of personal injury lawyers has a wealth of experience and a proven track record in successfully guiding clients throughout Missouri through survival actions, ensuring they receive the justice they deserve. Speak to a Burger Law St. Louis survival action lawyer today at (312) 966-4657 or contact us online for a free consultation.