Survival Actions in Columbia
A survival action lawsuit can be complex. These claims repay a deceased person’s family members for damages they would have recovered if the deceased had survived the incident and been able to file their own personal injury lawsuit. These cases encompass claims for medical expenses, lost wages, and pain and suffering. These lawsuits aim to achieve justice by ensuring the at-fault party is held accountable for their actions.
Surviving family members struggle with devastating financial and emotional consequences when a loved one passes away unexpectedly. Lawsuits related to fatal incidents that happened to someone you love can be emotionally challenging to navigate. A dedicated wrongful death attorney who has experience in survival actions in Columbia could help you move forward.
About Relevant State Laws
The guiding statute for survival action claims is Missouri Revised Statutes Section 537.020. Per this law, when a person dies, their legal claim lives and can be pursued by the personal representative of the estate. Their personal representative can file a lawsuit to recover damages sustained from the time of harm until the person’s death when they pass away due to someone else’s negligence. Consulting with a legal professional who knows about survival actions in Columbia could mean a greater likelihood of a successful resolution.
Timeliness is essential in any legal claim due to the statute of limitations, which is a law limiting a specific amount of time for filing certain types of cases. Survival actions must typically be filed within three years from the date of death. However, there are always exceptions and nuances surrounding survival actions in Columbia, which a lawyer could explain in more detail.
What to Know About Compensation
The damages for survival actions are those the deceased could have pursued in a case had they survived. Possible damages that can be recovered include:
- Medical expenses: Parties can recover the costs of medical care and treatment the decedent received from their injuries before their death. These include hospital costs, surgeries, medication, therapy, and other medical expenses.
- Lost wages and income: The estate can seek compensation for the lost wages and income the deceased would have earned if they had been able to work due to their injuries.
- Pain and suffering: The estate can recover damages for pain and suffering the deceased experienced due to their injuries, including physical, emotional, and mental distress.
- Property damage: When the deceased sustained harm to their personal property because of the incident, the estate can seek compensation for the value of the damaged goods.
- Other losses: The estate may seek compensation for other economic losses the deceased incurred because of their harm, such as the cost of rehabilitative services or home modifications.
Working with a Columbia lawyer with knowledge of survival actions could help ensure the estate pursues all appropriate damages.
Take Action on Behalf of Your Loved One Through Survival Actions in Columbia
The legal system can be complex with hidden intricacies that are stressful to navigate while you are grieving a sudden loss. The Law Office of Chris Miller could help you understand your rights and what kind of compensation you could win through survival actions in Columbia. You may feel a loss of control and a lack of trust in others after what happened to your loved one. While a lawsuit cannot bring your loved one back, it could alleviate your financial troubles, giving you more opportunities to focus on healing.
When you are ready to speak with a lawyer, call for a free consultation today.