Illinois Survival Action Lawyer

When you lose a loved one because of someone else’s reckless or negligent behavior, you are likely in a severe state of shock and uncertainty. You need to speak with a calming and experienced lawyer at Burger Law immediately. Making a survival action claim with our wrongful death lawyers in Illinois is the best way to get the justice you deserve. Call us right now at (314) 500-HURT or contact us online to discuss your options.

Burger Law has decades of experience successfully handling survival action and wrongful death cases. Our compassionate and knowledgeable legal team has recovered millions of dollars in verdicts and settlements for individuals and families who have suffered through the loss of a loved one throughout Illinois and Missouri, including:

• $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 Survival Action in Illinois?

According to the lIllinois Survival Act, 755 ILCS 5/27-6, a survival action is a legal claim that arises when an individual sustains injuries prior to their death that ultimately lead to their death, and the claim survives to be pursued on behalf of the deceased’s estate. The purpose of such a claim is to seek compensation for damages that the deceased could have claimed if they were still alive.

Burger Law can help you and your family in this time of need and uncertainty. Call us today at (314) 500-HURT or reach out to one of our attorneys online for a free, no-obligation case review.

Who Can File a Survival Action Claim in Illinois?

Survival actions must be filed by the personal representative of the deceased estate, also known as the executor of the estate. Your loved one or family member may have appointed the executor of their estate in their will prior to their death. However, if they did not appoint an executor or there is no will, Illinois courts can appoint one on behalf of the estate.

Although this appointee is normally a family member of your loved one, an executor could be an individual, a bank or a trust company. The executor must be a resident of the United States, but does not have to be an Illinois resident, and must be at least 18 years old and of sound mind.

What Types of Damages Are Possible in an Illinois Survival Action Claim?

Compensation in Illinois survival actions is based on the injuries your loved one sustained in the time between the accident and their death. Any compensation recovered goes to the estate. It can be disbursed to beneficiaries according to the terms of the will or, if there is no will, the laws of intestacy in Illinois.

Some common types of recoverable damages in a survival action include:

• Conscious pain and Suffering
• Lost Wages
• Medical Bills
• Damaged Personal Property

What Are the Differences Between a Wrongful Death and a Survival Action Case in Illinois?

Unlike wrongful death cases, which center around what you and your family have lost as a result of your loved one’s death, survivor action claims focus on the damages sustained by your loved one between the event that caused their injuries and the time of their death. The first significant difference between the two is who receives compensation. The payment for a survival action goes to your loved one’s estate, while in a wrongful death case it goes to the spouse, children and other family members.

The second difference is the fact that, in a survival action claim, the compensation is based on your loved one’s injuries before their death, while in a wrongful death case the damages are based on what the family incurred after the death. While it is a subtle distinction, a knowledgeable attorney at Burger Law can answer any questions you may have. Call us right away at (314) 500-HURT or contact us online to discuss the specifics of your case.

The Illinois statute of limitations differs slightly. In general, wrongful death claims must be filed within two years from the date of the death. But, survival action claims must be filed with two years from one of the following, whichever is later:

• The date the injury occurred
• Six months after death

How Can a Burger Law Survival Accident Lawyer Help My Case in Illinois?

A lawyer at Burger Law can play a crucial role in your survival action case in Illinois. Our experienced legal team can provide:

• Legal expertise. Survival action cases can be complex and require a deep understanding of Illinois personal injury and wrongful death laws. A Burger Law survival action attorney in Illinois has the knowledge and expertise to navigate the legal system, ensuring that your case is handled properly.
• Identifying liable parties. Our legal team will investigate the circumstances surrounding the injury and death to identify all potentially liable parties. This could include individuals, companies or institutions whose actions or negligence contributed to the injuries and, ultimately, the unfortunate death. The loss of a loved one is immeasurable. You should not have to go through it alone. Call Burger Law today at (314) 500-HURT or reach out to us online.
• Collecting evidence. Investigating thoroughly and gathering evidence is crucial to building a strong survival action case. Our lawyers are experienced in collecting and analyzing various forms of evidence, including medical records, witness statements, accident reports and expert testimonies to establish liability and damages.
• Calculating damages. Determining the appropriate amount of damages in a survival action case can be challenging. A Burger Law wrongful death and survival action lawyer will assess all relevant factors in your claim, such as medical expenses, lost wages, pain and suffering as well as loss of consortium, to arrive at a fair and complete compensation amount.
• Filing and managing paperwork. An Illinois survival action case involves significant paperwork, including court filings, legal documentation and correspondence with the relevant parties. Left on your own, you may find some of this insurmountable. The Burger Law attorneys will handle all necessary paperwork efficiently and keep you updated throughout the process.
• Negotiating with insurance companies. Insurance companies may be involved in your case, representing the liable parties. Insurance companies employ various tricks and tactics to do whatever they can to avoid paying the settlement you deserve. Don’t get tricked. You owe it to yourself to hire a capable law firm like Burger Law to defend against their tactics.
• Litigation and trial representation. If a fair settlement cannot be reached through negotiation, we will be prepared to take the case to court. We will represent your interests in litigation and present a compelling case to the judge and jury based on our evidentiary findings.
• Providing support and guidance. This might be the most important assistance our lawyers provide. Going through a survival action claim in Illinois can be emotionally challenging, especially when dealing with the loss of a loved one that was completely avoidable. This should not have happened. The Burger Law survival action attorneys can provide valuable support and guidance throughout the process, alleviating some of the burdens associated with the legal proceedings.

Reach Out to a Compassionate, Experienced Survival Action Attorney in Illinois | Burger Law

If you believe you have a survival action case in Illinois, it is crucial to consult with an experienced attorney who can provide help and compassion, yet tenacious legal representation. Burger Law has extensive experience helping Illinois families recover compensation for the loss of a loved one due to the carelessness and recklessness of someone else. We are here to help.

Call the Illinois survival action and wrongful death lawyers at Burger Law today at (314) 500-HURT or reach out to us online for a free, confidential 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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