Survival Action Lawyer in Bethalto, IL

If a family member has gone to a better place after being injured due to someone else’s carelessness, one can still pursue justice and a comprehensive financial compensation with Burger Law’s Bethalto, IL survival action and wrongful death attorneys. Set up a free consultation today by dialing our number at (314) 500-HURT or filling out our online contact form.

In the event that a relative is hurt fatally because another individual didn’t follow the rules, we may strive for a financial recovery for your heartache, loss of support and funeral costs in a wrongful death lawsuit. Such action compensates families for their family member’s death. But, in many cases, your family member may have an pre-existing injury claim, whether this injury eventually led to their death or otherwise. Survival actions, controlled by particular Illinois laws, permit injury claims to continue even after the death of your loved one. The intention behind survival actions is to ensure that the negligent party is held accountable for their actions, and that justice is realized, notwithstanding the death of your hurt relative.

Burger Law is a well-known Bethalto, IL personal injury law firm that specializes in wrongful death and survival action claims. With our many years of fighting for justice, we have effectively recovered over $200 million for our clients in Bethalto and throughout Illinois. When faced with the tragic loss of a family member, the last thing you might wish to contemplate is the legal process. Nevertheless, comprehending your rights and the available mechanisms to seek justice is undoubtedly crucial. If you have lost someone you hold dear too soon, speak with a survival action lawyer in Bethalto, IL today at (314) 500-HURT or contact us online for a complimentary consultation.

What Is a Survival Action in Bethalto, 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 carelessness of another and subsequently passes away, 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 main intention 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 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 Bethalto, IL?

Although survival actions and wrongful death claims in Bethalto, IL could look similar, they are fundamentally different in terms of the losses they strive to recover.

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

In many cases, when an when an incident or injury leads to someone’s death but the person does not die at the place, you can (and ought to) lodge a survival action and wrongful death claim concurrently. As experienced Bethalto, IL wrongful death and survival action counselors, Burger Law can support you in navigating both cases to their completion.
Who Can File a Survival Action Claim?

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

Damages Available in a Survival Action Claim in Bethalto, IL

The financial recovery you can seek in a survival action case in Bethalto, IL is equivalent to that of a personal injury case. Usually, your costs incorporate:

• Healthcare expenses gathered between the date of accident and your relative’s death
• Lost wages or lowered earnings if your loved one’s injuries affected their ability to generate income before their death
• Property damage
• Pain and suffering and psychological trauma caused by the injuries that your deceased experienced before death

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

Calculating your survival claim damages in Bethalto, IL is greatly dependent on the specific scenarios surrounding your relative’s damages and death. Significant factors include:

• The extent of medical attention received
• The amount of money missed out on from not being able to perform job functions
• The period your family member suffered from their injuries before they passed
• If your loved one added to their injuries at all
• The amount of insurance coverage available

One thing a survival action lawyer does is to thoroughly calculate the extent of your relative’s damages and demand the full sum in a settlement. At Burger Law, our Bethalto, IL survival action and wrongful death lawyers perform a full examination into your case to ensure you are compensated to the greatest extent possible.
Statute of Limitations for Survival Action Claims

Statute of Limitations for Bethalto, IL 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:

• The date the injury occurred
• Six months after death

How to File a Survival Action Claim in Bethalto, IL

Filing a survival action claim in Bethalto, IL is a process that requires meticulous 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.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is crucial to consult a lawyer specializing in tort or wrongful death cases. They can assist you through the legal process, make certain compliance with the statute of limitations, and defend for your rights in court. Most unintentional death and bodily harm lawyers provide free consultations, giving you no reason never to discuss to an attorney before proceeding.
• File a complaint — The executor, with the assistance of legal counsel, will initiate a lawsuit in a Missouri court. This legal paper will detail the particulars of the case, point out the individuals participating, and particularize the damages desired.

After filing your claim, your Burger Law Bethalto, 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 crucial factor of a lawsuit involving survival action in Bethalto, IL, and your attorney for survival action will aid in identifying and locating the needed evidence. This may encompass:

• Medical records and bills to adequately detail the extent of the damage and the medical care treatments necessary
• Wage and employment records to conclusively show lost earnings due to the injury
• Expert testimony, such as statements by medical professionals, to establish the root and extent of the harm
• Witnesses who can confirm to the circumstances surrounding the injury

The Importance of Legal Representation

While it is theoretically achievable to file a survival action claim without an legal representative, the complications in legal affairs and procedural intricacies make it challenging if you don’t have legal expertise. An seasoned attorney like those at Burger Law will offer significant direction, advocate for your rights, and improve your probability of a favorable outcome.

The optimal way to file a lawsuit involving survival action in Bethalto, IL? Hire Burger Law. We will secure a total financial compensation for the damages and suffering your beloved one endured. Let us handle the legal dimension of your legal matter while you and your family focus on mourning and healing.
Legal Representation for Illinois Survival Action Claims

Legal Representation for Bethalto, IL Survival Action Claims

Grieving the departure of a person you hold dear about is always difficult, and it can be made even more trying when trying to deal with complex legal matters. Submitting and winning in a survival action claim necessitates a profound grasp of the legal framework, meticulous collection of supporting documents, weeks, and at times even years of your time, and the capability to effectively argue in a courtroom. Considering these challenges, it is imperative to seek specialized legal support to guarantee that fairness is served.

Importance of Legal Representation

In survival action claims, possessing an attorney can make a considerable difference. Attorneys focusing in personal injury and wrongful death law possess the understanding and know-how to maneuver the intricacies of these claims, ensuring that the liable parties are made accountable and obtaining the highest compensation for your family. 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 attorney group specializing in personal injury and wrongful death cases, we are devoted to assisting our individuals in navigating the difficult journey to justice. We understand the details of survival action claims, and we utilize our complete resolve to every case we take on. We firmly endorse in fairness and the judicial system that empowers grieving relatives to seek justice. When you hire Burger Law’s survival action lawyers in Bethalto, IL, we:

• Provide a comprehensive knowledge of the law and the utmost level of legal representation
• Evaluate and develop your case with diligent assessment and well-thought-out planning
• Handle all legal procedures, negotiation, and litigation on your part
• Fight for your rights and interests in the court system
• Provide compassionate emotional support as you and your family navigate this trying time

Let Us Help You

If you think you have a survival action claim in Bethalto, IL, contact Burger Law at (314) 500-HURT right away. We offer a complimentary first consultation to discuss your case, discuss your options and detail how we will fight for your loved ones. You do not pay until we win your case. Allow 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 Bethalto, IL include:

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Speak to a Survival Action Lawyer in Bethalto, Illinois Today

Survival action claims constitute a critical legal recourse to guarantee justice in the face of an untimely death. With Burger Law’s assistance, you and your Bethalto, IL family can pursue the justice and complete compensation that your loved one deserved. Contact an experienced Bethalto, 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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