Survival Action Lawyer in Benton, IL

If someone you love passed away after being injured because of someone else’s carelessness, one can still pursue justice and a full financial compensation with Burger Law’s Benton, 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.

If a family member is fatally injured due to the fact that someone else broke the rules, we may seek financial compensation for your heartache, financial support loss and funeral expenses in a wrongful death lawsuit. This action provides financial help to families for their family member’s death. Nonetheless, in many cases, your family member might have an existing claim for injury, no matter if that injury eventually led to their death or otherwise. Survival claims, guided by specific Illinois laws, let injury claims to proceed even though the demise of your loved one. The purpose behind survival claims is to ensure that the negligent party is held responsible for their actions, and that justice is realized, regardless of the death of your injured family member.

Burger Law is a well-known Benton, IL personal injury law firm that is dedicated to 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 Benton and throughout Illinois. When faced with the tragic loss of a family member, the last thing you might wish to think about is the legal process. Nevertheless, understanding your rights and the available mechanisms to seek justice is undoubtedly crucial. If you have lost someone you love unexpectedly, speak with a survival action lawyer in Benton, IL today at (314) 500-HURT or contact us online for a complimentary consultation.

What Is a Survival Action in Benton, 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 subsequently passes away, their personal representative or executor can commence a survival action to recoup damages incurred from the date of the accident until their loved one’s death. This holds 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, 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 given out 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 Benton, IL?

Even though survival actions and wrongful death claims in Benton, IL seem to be alike, they are essentially different in terms of the damages they strive to recover.

• Survival actions strive to recover the damages that the deceased could have claimed 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 exemplary damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to compensate the kin of the deceased for their loss. This may include funeral and burial expenses, absence of economic support, and loss of companionship and counsel. Compensation is awarded directly to mourning loved ones.

In many cases, when an when an event or injury results in someone’s death but the person does not pass away at the scene, you can (and ought to) submit a survival action and wrongful death claim together. As experienced Benton, IL wrongful death and survival action attorneys, Burger Law can support you in overseeing both cases to their conclusion.
Who Can File a Survival Action Claim?

Who Can File a Survival Action Claim in Benton, 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 Benton, IL survival action lawyers can help you find out who is the personal representative in your family member’s case, or appoint yourself as the personal representative if the legalities and your circumstance permits it.
Damages Available in a Survival Action Claim

Damages Available in a Survival Action Claim in Benton, IL

The compensation you can pursue in a survival action case in Benton, IL is similar to that of a personal injury case. Generally, your expenses encompass:

• Medical bills accumulated between the date of accident and your family member’s death
• Lost income or reduced wages if your relative’s injuries influenced their ability to earn a living before their death
• Destruction of property
• Pain and suffering and psychological trauma caused by the accident that your deceased experienced before death

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

Calculating your survival claim damages in Benton, IL is significantly dependent on the specific situations surrounding your relative’s injuries and death. Important factors include:

• The extent of healthcare obtained
• The amount of money lost from not being able to engage in employment
• The length of time your family member suffered from their injuries before they departed
• In case your relative contributed partly to their injuries at all
• The amount of insurance coverage available

One thing a survival action lawyer does is to fully calculate the range of your family member’s damages and demand the full sum in a settlement. At Burger Law, our Benton, IL survival action and wrongful death lawyers execute a full examination into your case to assure you are reimbursed to the greatest extent possible.
Statute of Limitations for Survival Action Claims

Statute of Limitations for Benton, 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 Benton, IL

Filing a survival action claim in Benton, IL is a process that requires careful attention to legal processes 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.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is imperative to seek advice from a lawyer expertise in injury or wrongful death cases. They can lead you through the legal process, ensure compliance with the statute of limitations, and fight for your rights in court. Most accidental death and physical injury lawyers provide free consultations, providing you no reason not to speak to an attorney before moving forward.
• File a complaint — The executor, with the assistance of legal counsel, will commence a legal claim in a Missouri court. This document will detail the details of the lawsuit, name the individuals engaged, and state the damages desired.

Once your claim is filed, your Burger Law Benton, 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

Gathering Necessary Evidence

Collecting evidence is a vital component of a lawsuit involving survival action in Benton, IL, and your attorney for survival action will assist in discovering and finding the required evidence. This may encompass:

• Medical records and bills to adequately detail the scope of the injury and the healthcare treatments necessary
• Wage and employment records to conclusively show lost earnings due to the injury
• Expert testimony, such as statements by medical experts, to confirm the cause and severity of the injury
• Witnesses who can attest to the events surrounding the accident

The Importance of Legal Representation

While it is feasible in theory to submit a lawsuit involving survival action without an attorney, the complexities in legal affairs and procedural complexities make it demanding if you lack legal training. An skilled attorney like those at Burger Law will offer precious assistance, advocate for your rights, and improve your likelihood of a positive outcome.

The best way to submit a lawsuit involving survival action in Benton, IL? Rely on Burger Law. We will obtain a full financial compensation for the harm and suffering your beloved one endured. Let us handle the legal facet of your lawsuit while you and your loved ones concentrate on grieving and healing.
Legal Representation for Illinois Survival Action Claims

Legal Representation for Benton, IL Survival Action Claims

Grieving the passing of an individual you hold dear about is continuously difficult, and it can be made even further challenging when endeavoring to deal with legal intricacies. Filing and winning in a lawsuit involving survival action demands a deep understanding of the legal framework, diligent accumulation of evidence, weeks, and at times even years of your energy, and the ability to efficiently advocate in court. Given these obstacles, it is essential to search for specialized legal aid to make sure that fairness is served.

Importance of Legal Representation

In lawsuits involving survival action, retaining legal counsel can make a considerable difference. Lawyers dedicating their practice in personal injury and wrongful death law possess the expertise and experience to maneuver the intricacies of these claims, guaranteeing that the liable parties are made responsible and obtaining the maximum financial recovery for your family. Our survival action attorneys understand the Missouri legal system thoroughly and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a legal practice specializing in personal injury and wrongful death cases, we are devoted to supporting our customers in maneuvering the demanding path to justice. We understand the details of survival action claims, and we utilize our entire dedication to every case we take on. We adamantly believe in fairness and the legal system that empowers bereaved family members to seek justice. When you retain Burger Law’s survival action lawyers in Benton, IL, we:

• Provide a comprehensive understanding of the law and the highest level of legal representation
• Evaluate and build your lawsuit with careful analysis and strategic planning
• Handle all legal procedures, discussion, and court proceedings on your side
• Advocate for your rights and interests in court
• Provide empathetic 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 Benton, IL, call Burger Law at (314) 500-HURT right away. We offer a complimentary first consultation to discuss your legal matter, explore your options and elaborate on how we will fight for your loved ones. You do not pay until we win your case. Let us help you in going after the justice that your dear ones are entitled to. Contact us today to initiate the process.

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

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Speak to a Survival Action Lawyer in Benton, Illinois Today

Survival action claims represent a vital legal option to guarantee justice amidst an untimely death. With Burger Law’s assistance, you and your Benton, IL family can pursue the justice and total financial recovery that your family member was owed. Reach out to an experienced Benton, 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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