Survival Action Lawyer in Albion, IL

Survival Action Lawyer in Albion, IL

Survival action lawyer in Albion, Illinois. If a loved one has gone to a better place after getting injured because of someone else’s negligence, you can still pursue justice and a comprehensive financial compensation with Burger Law’s Albion, IL survival action and wrongful death attorneys. Set up a free consultation today by dialing our number at (314) 500-HURT or completing our online contact form.

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In the event that a loved one is killed since another individual broke the rules, we can seek financial compensation for your heartache, financial support loss and burial costs in a wrongful death lawsuit. Such action provides financial help to families for their dear one’s death. But, in many cases, your loved one may have an pre-existing personal injury claim, whether that injury resulted to their death or not. Survival claims, governed by particular Illinois laws, let injury claims to proceed despite the passing of your loved one. The intent behind survival claims is to ensure that the negligent party is made accountable for their actions, and that justice is accomplished, notwithstanding the death of your wounded family member.

Burger Law is a renowned Albion, IL personal injury law firm that prioritizes wrongful death and survival action claims. With our three decades of fighting for justice, we have skillfully recovered over $200 million for our clients in Albion and throughout Illinois. When faced with the unfortunate death of a family member, the last thing you might want to contemplate is the legal process. Nevertheless, understanding your rights and the available mechanisms to seek justice is absolutely crucial. If you have lost someone you love too soon, speak with a survival action lawyer in Albion, IL today at (314) 500-HURT or contact us online for a free consultation.

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What Is a Survival Action?

What Is a Survival Action in Albion, IL?

755 ILCS 5/27-6, the Illinois Survival Act, outlines the state’s survival action statute. According to this statute, all actions to recover – reasons to file a lawsuit – for an injury to a person, except those for slander and libel, shall survive the death of the person entitled or liable to the cause of action. In simpler terms, if a person sustains an injury due to the carelessness of another and later dies, their personal representative or executor 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 primary intention behind survival actions is to ensure that justice is served. If an injured person is unable to pursue 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 Illinois intestacy laws.

What Is the Difference Between Survival Action and Wrongful Death Claims?

What Is the Difference Between Survival Action and Wrongful Death Claims in Albion, IL?

Although survival actions and wrongful death claims in Albion, IL may appear similar, they are fundamentally different in terms of the restitution they aim to recover.

• Survival actions strive to recover the damages that the deceased could have claimed had they lived, such as healthcare costs, lost earnings, and pain and suffering from the time of injury until death. Compensation is granted to your loved one’s estate and then distributed based on their will. You can seek extra damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to recompense the relatives of the deceased for their sorrow. This could include funeral and burial expenses, absence of economic support, and loss of companionship and guidance. Compensation is granted directly to mourning relatives.

In many cases, when an when an event or injury leads to someone’s death but the person does not pass away at the scene, you may (and ought to) present a survival action and wrongful death claim simultaneously. As skilled Albion, IL wrongful death and survival action counselors, Burger Law can support you in overseeing both cases to their .

Who Can File a Survival Action Claim?

Who Can File a Survival Action Claim in Albion, IL?

Survival action claims in Illinois are filed on behalf of your loved one’s estate. That means they can be filed by a personal representative of the estate, called the “executor.” Under 755 ILCS 5/6-13, an executor may include:

• A person or people named as an executor in your loved one’s will, as long as they are 18 or older and of sound mind
• If the person or people designated are disqualified for any reasons, if there is no executor named in the will or if there is no will, then, under the Illinois Probate Act of 175, the court will appoint an administrator in this order of priority:
  • The surviving spouse
  • The legatees (people named in the will), with preference given to those who are to inherit the largest portion of the estate
  • The nearest kindred (closest relatives)
  • A public administrator

Our Albion, IL survival action lawyers can help you discover who is the personal representative in your loved one’s case, or set up yourself as the personal representative if the law and your situation it.

Damages Available in a Survival Action Claim

Damages Available in a Survival Action Claim in Albion, IL

The compensation you can pursue in a survival action case in Albion, IL is comparable to that of a personal injury case. Ordinarily, your costs encompass:

• Medical bills accrued between the date of injuries and your loved one’s death
• Missed earnings or reduced wages if your family member’s injuries altered their ability to earn a living before their death
• Property damage
• Pain and suffering and mental anguish caused by the accident that your relative experienced before death

How Much Is My Albion, IL Survival Action Claim Worth?

The total value of your survival action claim in Albion, IL is heavily contingent on the specific circumstances surrounding your relative’s damages and death. Crucial factors are:

• The extent of medical treatment received
• The amount of money lost from not being able to engage in employment
• How long your relative suffered from their injuries before they died
• Should your family member added to their injuries in any way
• The insurance policy limits

Part of a survival action lawyer’s job is to completely calculate the range of your loved one’s damages and demand the full total in compensation. At Burger Law, our Albion, IL survival action and wrongful death attorneys carry out a full examination into your case to guarantee you are paid to the fullest extent possible.

How to File a Survival Action Claim in Albion, IL

Filing a survival action claim in Albion, IL is a process that requires thorough attention to legal procedures and deadlines. The following steps can guide you through the process:

Initiating a Survival Action Claim

• Appoint an executor — If not already appointed, identify an executor for your loved one’s estate. This could be through their will or through a court appointment.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is vital to consult a lawyer specializing in personal injury or wrongful death cases. They can lead you through the legal process, guarantee compliance with the statute of limitations, and fight for your rights in court. Most unintentional death and physical injury lawyers offer free consultations, affording you no reason not to discuss to an attorney before proceeding.
• File a complaint — The executor, with the assistance of legal counsel, will initiate a legal claim in a Missouri court. This document will set forth the facts of the matter, point out the individuals participating, and particularize the remedies requested.

Once your claim is officially lodged, your Burger Law lawyer for survival actions in Albion, IL 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 element of a survival action claim in Albion, IL, and your survival action lawyer will help in pinpointing and finding the required evidence. This might include:

• Medical records and bills to thoroughly record the severity of the damage and the medical treatments required
• Wage and employment records to clearly demonstrate income loss due to the injury
• Expert testimony, such statements by medical experts, to establish the root and severity of the injury
• Witnesses who can corroborate to the conditions related to the injury

The Importance of Legal Representation

While it is theoretically achievable to initiate a survival action claim without an attorney, the complexities in law proceedings and procedural intricacies make it challenging if you don’t have legal training. An experienced lawyer like those at Burger Law will give significant direction, represent your claims, and increase your probability of a successful claim.

The optimal way to submit a survival action claim in Albion, IL? Put your trust in Burger Law. We are determined to obtain a total financial compensation for the damages and anguish your dear one endured. Let us manage the legal facet of your case while you and your family focus on grieving and healing.

Legal Representation for Illinois Survival Action Claims

Legal Representation for Albion, IL Survival Action Claims

Grieving the loss of a person you hold dear about is always challenging, and it can be made even further challenging when trying to navigate complex legal matters. Filing and winning in a lawsuit involving survival action requires a profound understanding of the legal system, meticulous accumulation of supporting documents, months, and sometimes even years of your energy, and the capacity to effectively argue in court. Given these challenges, it is imperative to search for professional legal support to assure that equity is served.

Importance of Legal Representation

In claims for survival action, having an attorney can make a substantial difference. Lawyers dedicating their practice in personal injury and wrongful death law possess the knowledge and experience to navigate the intricacies of these claims, ensuring that the liable parties are held responsible and securing the optimal financial recovery for your loved ones. Our lawyers for survival action understand the Missouri legal system completely and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a legal practice dedicated to personal injury and wrongful death cases, we are devoted to assisting our customers in maneuvering the difficult journey towards justice. We understand the details of survival action claims, and we bring our complete dedication to every legal matter we take on. We adamantly endorse in justice and the legal system that empowers bereaved relatives to pursue justice. When you retain Burger Law’s survival action lawyers in Albion, IL, we:

• Provide an extensive grasp of the law and the utmost level of legal representation
• Evaluate and construct your case with diligent assessment and systematic planning
• Manage all legal proceedings, discussion, and legal actions on your side
• Champion for your rights and interests in a courtroom
• Provide compassionate emotional support as you and your family navigate this challenging time

Let Us Help You

If you believe you have a survival action claim in Albion, IL, reach out to Burger Law at (314) 500-HURT immediately. We offer a free first consultation to discuss your legal matter, explore your options and detail how we will battle for your loved ones. You do not pay until we win your case. Let us help you in seeking the justice that your cherished ones deserve. Contact us today to initiate the process.

Speak to a Survival Action Lawyer in Albion, Illinois Today

Survival action claims represent a vital legal recourse to guarantee justice amidst an untimely death. With Burger Law’s assistance, you and your Albion, IL family can seek the justice and maximum compensation that your loved one was owed. Reach out to an experienced Albion, IL survival action lawyer today at (314) 500-HURT or complete our online contact form for a free consultation.