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(314) 500-HURTIf a loved one has left us after being injured because of someone else’s carelessness, you can still seek justice and a comprehensive financial compensation with Burger Law’s Benld, IL survival action and wrongful death attorneys. Set up a free consultation today by getting in touch at (314) 500-HURT or completing our online contact form.
When a relative is fatally injured since someone else broke the rules, we can strive for financial compensation for your grief, loss of support and funeral expenses in a wrongful death lawsuit. This action gives compensation to families for their dear one’s death. Nonetheless, in many cases, your relative may have an pre-existing injury claim, whether that injury was their cause of death or not. Survival claims, regulated by specific Illinois laws, let injury claims to proceed after the demise of your dear one. The purpose behind survival actions is to ensure that the negligent party is made accountable for their actions, and that justice is realized, regardless of the death of your hurt dear one.
Burger Law is a reputable Benld, IL personal injury law firm that specializes in wrongful death and survival action claims. With our extensive experience of fighting for justice, we have efficiently recovered over $200 million for our clients in Benld and throughout Illinois. When faced with the tragic death of a loved one, the last thing you might wish to think about is the complexities of the legal system. Nevertheless, understanding your rights and the available mechanisms to obtain justice is absolutely crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in Benld, IL today at (314) 500-HURT or contact us online for a no-cost consultation.
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 later dies, their personal representative or executor can pursue a survival action to recoup damages incurred from the time of injury until their loved one’s death. This remains true regardless of whether the injury directly caused their death or not.
The principal objective 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?
While survival actions and wrongful death claims in Benld, IL might seem alike, they are essentially different in terms of the losses they seek to recover.
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) file a survival action and wrongful death claim simultaneously. As seasoned Benld, IL wrongful death and survival action lawyers, Burger Law can support you in overseeing both cases to their completion.
Who Can File a Survival Action Claim?
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:
Our Benld, IL survival action attorneys can help you identify who is the personal representative in your loved one’s case, or appoint yourself as the personal representative if the legislation and your circumstance permits it.
Damages Available in a Survival Action Claim
The financial recovery you can pursue in a survival action case in Benld, IL is akin to that of a personal injury case. Generally, your losses comprise:
The total value of your survival action claim in Benld, IL is heavily dependent on the unique circumstances surrounding your family member’s injuries and death. Vital factors involve:
One thing a survival action lawyer does is to entirely assess the range of your relative’s damages and demand the full amount in a financial recovery. At Burger Law, our Benld, IL survival action and wrongful death lawyers conduct a full inquiry into your case to guarantee you are recompensed to the fullest extent possible.
Statute of Limitations for Survival Action Claims
In Illinois, the stature of limitations for wrongful death claims is 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:
Filing a survival action claim in Benld, IL is a process that requires meticulous attention to legal processes and deadlines. The following steps can guide you through the process:
Once your claim is filed, your Burger Law Benld, IL survival action lawyer will handle all of the litigation for you and stand by your side until you and your family get maximum compensation
Collecting evidence is a vital element of a lawsuit involving survival action in Benld, IL, and your survival action lawyer will aid in recognizing and locating the necessary evidence. This might include:
While it is feasible in theory to initiate a claim for survival action without an attorney, the complications in legal affairs and procedural complexities make it challenging if you lack legal expertise. An seasoned attorney like those at Burger Law will offer significant guidance, represent your interests, and increase your likelihood of a favorable outcome.
The most effective way to file a claim for survival action in Benld, IL? Put your trust in Burger Law. We will secure a total economic recovery for the harm and anguish your beloved one endured. Let us take care of the legal facet of your legal matter while you and your loved ones concentrate on mourning and recovering.
Legal Representation for Illinois Survival Action Claims
Grieving the loss of a person you hold dear about is continuously demanding, and it can be made even further challenging when endeavoring to navigate complex legal matters. Filing and winning in a survival action claim demands a thorough understanding of the legal system, meticulous accumulation of supporting documents, months, and occasionally even years of your time, and the capacity to efficiently plead in court. Taking into account these difficulties, it is imperative to look for professional legal support to make sure that fairness is served.
In claims for survival action, having an attorney can make a considerable difference. Attorneys specializing in personal injury and wrongful death law have the expertise and proficiency to handle the intricacies of these claims, assuring that the liable parties are made responsible and securing the optimal compensation for your family. Our lawyers for survival action understand the Missouri legal system thoroughly and will fight until there is nothing left to fight.
As a attorney group dedicated to personal injury and wrongful death cases, we are committed to assisting our customers in dealing with the demanding journey to justice. We understand the complexities of survival action claims, and we utilize our complete resolve to every lawsuit we handle. We adamantly endorse in equity and the legal system that enables grieving family members to seek justice. When you hire Burger Law’s survival action lawyers in Benld, IL, we:
If you think you have a survival action claim in Benld, IL, contact Burger Law at (314) 500-HURT immediately. We provide a complimentary first consultation to talk about your legal matter, discuss your options and elaborate on how we are determined to fight for your family. You do not pay until we win your case. Let us support you in seeking the justice that your dear ones deserve. Contact us today to begin the process.
Other cases we take on and win in Benld, IL include:
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Survival action claims constitute a critical legal recourse to guarantee justice amidst an untimely passing. With Burger Law’s assistance, you and your Benld, IL family can obtain the justice and maximum compensation that your loved one deserved. Contact an experienced Benld, IL survival action lawyer today at (314) 500-HURT or fill out our online contact form for a no-cost consultation.
Client Reviews
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!
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