Survival Action Lawyer in Belleville, Illinois

Survival action lawyer in Belleville, Illinois. If someone dear to your heart has gone to a better place after being injured because of someone else’s negligence, you can still seek justice and a comprehensive financial recovery with Burger Law’s Belleville, IL survival action and wrongful death attorneys. Arrange for a free consultation today by dialing our number at (314) 500-HURT or completing our online contact form.

In the event that a dearly beloved is killed since someone else broke the rules, we can pursue financial compensation for your heartache, loss of support and burial expenses in a wrongful death lawsuit. This provides financial help to families for their relative’s death. However, in many cases, your dear one may have an ongoing personal injury claim, regardless of whether this injury eventually led to their death or not. Survival claims, regulated by particular Illinois laws, let personal injury claims to continue after the demise of your dear one. The intention behind survival claims is to ensure that the reckless party is made accountable for their actions, and that justice is accomplished, regardless of the death of your injured dear one.

Burger Law is a respected Belleville, IL personal injury law firm that prioritizes wrongful death and survival action claims. With our many years of fighting for justice, we have efficiently recovered over $200 million for our clients in Belleville and throughout Illinois. When faced with the unfortunate loss 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 obtain justice is undoubtedly crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in Belleville, IL today at (314) 500-HURT or contact us online for a complimentary consultation.

What Is a Survival Action in Belleville, IL?

755 ILCS 5/27-6, the Illinois Survival Act, outlines the state’s survival action statute. It states that 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. Put simply, if a person sustains an injury due to the recklessness of another and subsequently passes away, their personal representative or executor can pursue a survival action to recoup damages incurred from the date of the accident until their loved one’s death. This remains true regardless of whether the injury directly caused their death or not.

The main intention behind survival actions is to ensure that justice is served. If an injured person is unable to pursue their case due to death, it does not absolve the defendant of liability. 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 in Belleville, IL?

Although survival actions and wrongful death claims in Belleville, IL seem to be alike, they are fundamentally distinct in terms of the restitution they seek to recover.

• Survival actions aim to recover the damages that the deceased could have sought had they survived, such as medical expenses, lost wages, 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 punitive damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims seek to reimburse the relatives of the deceased for their loss. This could include funeral and burial expenses, lack of economic support, and loss of companionship and counsel. Compensation is granted directly to grieving kin.

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 could (and ought to) present a survival action and wrongful death claim simultaneously. As experienced Belleville, IL wrongful death and survival action attorneys, Burger Law can aid you in navigating both cases to their .

Who Can File a Survival Action Claim in Belleville, 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 Belleville, IL survival action attorneys can help you determine who is the personal representative in your relative’s case, or designate yourself as the personal representative if the legalities and your circumstance allows it.

Damages Available in a Survival Action Claim in Belleville, IL

The financial recovery you can make a claim for in a survival action case in Belleville, IL is comparable to that of a personal injury case. Typically, your damages include:

• Medical expenses accumulated between the date of injuries and your family member’s death
• Missed earnings or decreased income if your relative’s injuries impacted their ability to provide for themselves and family before their death
• Destruction of property
• Pain and suffering and mental anguish caused by the accident that your loved one experienced before death

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

Calculating your survival claim damages in Belleville, IL is significantly contingent on the individual scenarios surrounding your family member’s damages and death. Crucial factors involve:

• The amount of healthcare obtained
• The amount of money missed out on from not being able to engage in employment
• The duration your loved one suffered from their injuries before they passed
• Should your loved one contributed partly to their injuries in any way
• The insurance policy limits

One thing a survival action lawyer does is to fully compute the magnitude of your loved one’s damages and demand the full sum in compensation. At Burger Law, our Belleville, IL survival action and wrongful death lawyers execute a full examination into your case to assure you are compensated to the maximum degree possible.

Statute of Limitations for Belleville, 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 Belleville, IL

Filing a survival action claim in Belleville, IL is a process that requires meticulous attention to legal procedures and deadlines. Here’s what you need to do:

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.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is crucial to seek advice from a lawyer proficient in personal injury or wrongful death cases. They can assist you through the legal process, guarantee compliance with the statute of limitations, and defend for your rights in court. Most wrongful death and bodily harm lawyers provide free consultations, affording you no reason to not talk to an attorney before moving forward.
• File a complaint — The executor, with the assistance of legal counsel, will commence a complaint in a Missouri court. This will lay out the facts of the lawsuit, specify the entities engaged, and state the compensation sought after.

After filing your claim, your Burger Law Belleville, IL attorney experienced in survival actions will take the reins of the litigation proceedings, standing firmly by your side until you and your family secure the highest compensation achievable.

Gathering Necessary Evidence

Collecting evidence is a essential factor of a claim for survival action in Belleville, IL, and your survival action lawyer will aid in identifying and obtaining the essential evidence. This could involve:

• Medical records and bills to thoroughly record the extent of the injury and the medical care interventions needed
• Wage and employment records to conclusively show lost earnings due to the harm
• Expert testimony, such as testimonies from healthcare specialists, to verify the root and extent of the injury
• Witnesses who can corroborate to the events surrounding the accident

The Importance of Legal Representation

While it is technically possible to file a survival action claim without an attorney, the intricacies in legal matters and procedural complexities make it difficult if you do not possess legal training. An knowledgeable attorney like those at Burger Law will provide significant direction, represent your claims, and boost your chances of a positive outcome.

The best way to submit a lawsuit involving survival action in Belleville, IL? Count on Burger Law. We will obtain a complete monetary recovery for the damages and pain your cherished one experienced. Let us manage the legal facet of your case while you and your family concentrate on mourning and recovering.

Legal Representation for Belleville, IL Survival Action Claims

Grieving the loss of an individual you hold dear about is continuously demanding, and it can be made even further trying when attempting to handle complex legal matters. Initiating and winning in a lawsuit involving survival action demands a thorough comprehension of the law, diligent collection of proof, months, and at times even years of your effort, and the capability to successfully argue in court. Given these obstacles, it is imperative to search for professional legal support to make sure that fairness is administered.

Importance of Legal Representation

In claims for survival action, possessing legal counsel can make a substantial difference. Lawyers dedicating their practice in personal injury and wrongful death law have the knowledge and know-how to navigate the intricacies of these claims, assuring that the liable parties are made accountable and obtaining the optimal financial recovery for your loved ones. Our lawyers for survival action understand the Missouri legal system fully and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a law firm specializing in personal injury and wrongful death cases, we are devoted to supporting our individuals in dealing with the demanding path to justice. We understand the complexities of survival action claims, and we utilize our entire commitment to every case we take on. We strongly advocate in equity and the legal system that enables grieving kin to pursue justice. When you hire Burger Law’s survival action lawyers in Belleville, IL, we:

• Provide an extensive knowledge of the law and the utmost level of legal representation
• Evaluate and develop your lawsuit with careful examination and systematic planning
• Handle all legal processes, negotiation, and litigation on your part
• Fight for your rights and interests in court
• Provide compassionate emotional support as you and your family navigate this trying time

Let Us Help You

If you believe you have a survival action claim in Belleville, IL, reach out to Burger Law at (314) 500-HURT right away. We provide a complimentary first consultation to discuss your lawsuit, consider your options and explain how we will fight for your loved ones. You do not pay until we win your case. Allow us assist you in going after the justice that your cherished ones merit. Contact us today to initiate the process.

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

• Truck Crash Lawyers in Illinois
• Wrongful Death Lawyers in Illinois
• Semi-Truck Accident Lawyer in Illinois
• Car Accident Attorney in Illinois

Call Burger Law Now

Speak to a Survival Action Lawyer in Belleville, Illinois Today

Survival action claims represent a critical legal option to ensure justice amidst an untimely passing. With Burger Law’s support, you and your Belleville, IL family can obtain the justice and total financial recovery that your family member was owed. Contact an experienced Belleville, IL survival action lawyer today at (314) 500-HURT or fill out our online contact form for a no-cost 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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