Survival Action Lawyer in Anna, IL

If a loved one passed away after being injured because of someone else’s carelessness, you can still seek justice and a comprehensive financial recovery with Burger Law’s Anna, IL survival action and wrongful death attorneys. Arrange for a free consultation today by getting in touch at (314) 500-HURT or filling out our online contact form.

When a relative is tragically killed due to the fact that another individual didn’t follow the rules, we can strive for financial compensation for your grief, financial support loss and burial costs in a wrongful death lawsuit. Such action reimburses families for their relative’s death. Nonetheless, in many cases, your loved one might have an existing personal injury claim, no matter if this injury led to their death or otherwise. Survival actions, regulated by particular Illinois laws, permit personal injury claims to proceed even though the demise of your dear one. The aim behind survival claims is to ensure that the careless party is held responsible for their actions, and that justice is obtained, in spite of the death of your injured dear one.

Burger Law is a renowned Anna, IL personal injury law firm that focuses on wrongful death and survival action claims. With our extensive experience of fighting for justice, we have skillfully recovered over $200 million for our clients in Anna and throughout Illinois. 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 unexpectedly, speak with a survival action lawyer in Anna, IL today at (314) 500-HURT or contact us online for a complimentary consultation.

What Is a Survival Action in Anna, 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 bring 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 initiate a survival action to recoup damages incurred from the date of the accident until their loved one’s demise. This holds true regardless of whether the injury directly caused their death or not.

The primary aim behind survival actions is to ensure that justice is served. If an injured person is unable to continue 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 Anna, IL?

Even though survival actions and wrongful death claims in Anna, IL may appear similar, they are fundamentally different in terms of the damages they seek to recover.

• Survival actions aim to recover the damages that the deceased could have recovered had they survived, such as healthcare costs, lost wages, and pain and suffering from the time of injury until death. Compensation is granted to your relative’s estate and then allocated based on their will. You can seek exemplary damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims endeavor to reimburse the relatives of the deceased for their grief. This might include funeral costs and burial fees, loss of monetary help, and loss of companionship and counsel. Compensation is granted directly to mourning kin.

In many cases, when an when an incident or injury leads to someone’s death but the person does not die at the site, you can (and ought to) submit a survival action and wrongful death claim simultaneously. As knowledgeable Anna, IL wrongful death and survival action advocates, Burger Law can support you in handling both cases to their .
Who Can File a Survival Action Claim?

Who Can File a Survival Action Claim in Anna, 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 Anna, IL survival action attorneys can help you determine who is the personal representative in your loved one’s case, or set up yourself as the personal representative if the legislation and your situation permits it.
Damages Available in a Survival Action Claim

Damages Available in a Survival Action Claim in Anna, IL

The compensation you can pursue in a survival action case in Anna, IL is comparable to that of a personal injury case. Ordinarily, your damages incorporate:

• Medical bills accumulated between the date of injuries and your loved one’s death
• Missed earnings or reduced wages if your relative’s injuries affected their ability to provide for themselves and family before their death
• Loss of property
• Pain and suffering and emotional distress caused by the accident that your loved one experienced before death

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

The total value of your survival action claim in Anna, IL is greatly contingent on the distinct scenarios surrounding your loved one’s injuries and death. Important factors involve:

• The extent of medical attention received
• The amount of money lost from not being able to perform job functions
• The length of time your loved one suffered from their injuries before they passed away
• In case your loved one added to their injuries in any way
• The insurance policy limits

One thing a survival action lawyer does is to fully assess the scope of your loved one’s damages and demand the full total in a settlement. At Burger Law, our Anna, IL survival action and wrongful death lawyers conduct a full examination into your case to make sure you are compensated to the maximum degree possible.
Statute of Limitations for Survival Action Claims

Statute of Limitations for Anna, IL Survival Action Claims

In Illinois, wrongful death claims must be filed within two years from the date of the death. However, 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 to File a Survival Action Claim in Anna, IL

Filing a survival action claim in Anna, IL is a process that requires thorough attention to legal processes 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 crucial to talk to a lawyer specializing in injury or wrongful death cases. They can assist you through the legal process, guarantee compliance with the statute of limitations, and advocate for your rights in court. Most wrongful death and physical injury lawyers offer free consultations, providing you no reason never to talk to an attorney before taking further action.
• File a complaint — The executor, with the help of an attorney, will commence a lawsuit in a Missouri court. This will present the details of the lawsuit, identify the entities engaged, and particularize the reparation requested.

Upon the submission of your claim, your Anna, IL Burger Law attorney specializing in survival actions will take charge of the litigation process on your behalf, remaining steadfastly by your side until you and your family receive the utmost compensation

Gathering Necessary Evidence

Collecting evidence is a vital factor of a survival action claim in Anna, IL, and your attorney for survival action will assist in discovering and finding the necessary evidence. This might entail:

• Medical records and bills to comprehensively document the severity of the injury and the medical care treatments necessary
• Wage and employment records to conclusively show lost earnings due to the injury
• Expert testimony, including testimonies from medical professionals, to confirm the reason and extent of the harm
• Witnesses who can verify to the events surrounding the accident

The Importance of Legal Representation

While it is theoretically achievable to initiate a lawsuit involving survival action without an legal representative, the complications in law proceedings and procedural complexities make it difficult if you do not possess legal expertise. An experienced attorney like those at Burger Law will give invaluable direction, represent your rights, and increase your chances of a successful outcome.

The best way to file a survival action claim in Anna, IL? Count on Burger Law. We are determined to secure a full economic compensation for the damages and suffering your dear one went through. Let us handle the legal aspect of your case while you and your loved ones concentrate on grieving and recovering.
Legal Representation for Illinois Survival Action Claims

Legal Representation for Anna, IL Survival Action Claims

Grieving the departure of a person you hold dear about is continuously challenging, and it can be made even further challenging when endeavoring to navigate legal complexities. Submitting and winning in a survival action claim demands a thorough understanding of the legal system, diligent accumulation of supporting documents, weeks, and occasionally even years of your time, and the capacity to successfully advocate in court. Taking into account these challenges, it is vital to search for expert legal assistance to make sure that equity is administered.

Importance of Legal Representation

In claims for survival action, possessing legal representation can make a considerable difference. Attorneys specializing in personal injury and wrongful death law possess the expertise and know-how to handle the intricacies of these claims, assuring that the liable parties are made accountable and obtaining the highest financial recovery for your loved ones. Our survival action attorneys understand the Missouri legal system fully 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 individuals in maneuvering the challenging journey towards justice. We understand the details of survival action claims, and we utilize our complete dedication to every legal matter we take on. We firmly endorse in fairness and the judicial system that empowers grieving relatives to pursue justice. When you hire Burger Law’s survival action lawyers in Anna, IL, we:

• Provide a thorough grasp of the law and the highest level of legal representation
• Evaluate and build your lawsuit with meticulous examination and well-thought-out planning
• Handle all legal processes, discussion, and court proceedings on your part
• Fight for your rights and interests in the court system
• Provide compassionate emotional support as you and your family deal with this difficult time

Let Us Help You

If you believe you have a survival action claim in Anna, IL, contact Burger Law at (314) 500-HURT immediately. We offer a free initial consultation to talk about your case, discuss your options and elaborate on how we will battle for your family. You do not pay until we win your case. Allow us help you in pursuing the justice that your beloved ones are entitled to. Contact us today to initiate the process.

Other cases we take on and win in Anna, IL include:

CALL BURGER LAW NOW

Speak to a Survival Action Lawyer in Anna, Illinois Today

Survival action claims represent a essential legal avenue to secure justice amidst an untimely death. With Burger Law’s assistance, you and your Anna, IL family can obtain the justice and full financial recovery that your family member was owed. Contact an experienced Anna, IL survival action lawyer today at (314) 500-HURT or complete our online contact form for a complimentary 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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