Survival Action Lawyer in Breese, Illinois

Survival action lawyer in Breese, Illinois. If a family member passed away after being injured by someone else’s negligence, you can still pursue justice and a full financial recovery with Burger Law’s Breese, 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.

When a dearly beloved is killed since another individual broke the rules, we may seek compensation for your grief, financial support loss and burial costs in a wrongful death lawsuit. Such action reimburses families for their family member’s death. But, in many cases, your family member might have an ongoing claim for injury, whether or not that injury led to their death or otherwise. Survival actions, guided by specific Illinois laws, permit personal injury claims to proceed after the demise of your loved one. The purpose behind survival actions is to guarantee that the careless party is made accountable for their actions, and that justice is obtained, regardless of the death of your hurt relative.

Burger Law is a well-known Breese, IL personal injury law firm that focuses on wrongful death and survival action claims. With our many years of fighting for justice, we have skillfully recovered over $200 million for our clients in Breese and throughout Illinois. When faced with the devastating death of a loved one, the last thing you might want to contemplate is the complexities of the legal system. Nevertheless, comprehending your rights and the available mechanisms to seek justice is certainly crucial. If you have lost someone you hold dear too soon, speak with a survival action lawyer in Breese, IL today at (314) 500-HURT or contact us online for a cost-free consultation.

What Is a Survival Action in Breese, 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 negligence of another and later dies, 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 demise. This remains true regardless of whether the injury directly caused their death or not.

The main 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 in Breese, IL?

Although survival actions and wrongful death claims in Breese, IL seem to be alike, 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 claimed had they lived, such as healthcare costs, lost earnings, and pain and suffering from the time of injury until death. Compensation is awarded to your loved one’s estate and then allocated based on their will. You can seek additional damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims endeavor to recompense the kin of the deceased for their sorrow. This may include funeral and burial expenses, lack of monetary help, and loss of companionship and counsel. Compensation is given directly to mourning loved ones.

In many cases, when an when an accident or injury leads to someone’s death but the person does not die at the place, you might (and should) file a survival action and wrongful death claim together. As experienced Breese, IL wrongful death and survival action lawyers, Burger Law can support you in managing both cases to their .

Who Can File a Survival Action Claim in Breese, 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 Breese, IL survival action lawyers can help you find out who is the personal representative in your relative’s case, or establish yourself as the personal representative if the legislation and your situation permits it.

Damages Available in a Survival Action Claim in Breese, IL

The compensation you can seek in a survival action case in Breese, IL is similar to that of a personal injury case. Usually, your losses comprise:

• Healthcare expenses accumulated between the date of accident and your relative’s death
• Missed earnings or lowered earnings if your loved one’s injuries influenced their ability to make a living before their death
• Damage to property
• Pain and suffering and psychological trauma caused by the injuries that your loved one experienced before death

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

The total value of your survival action claim in Breese, IL is heavily contingent on the distinct situations surrounding your relative’s injuries and death. Crucial factors are:

• The extent of medical attention obtained
• The amount of money lost from not being able to perform job functions
• How long your loved one suffered from their injuries before they died
• If your relative added to their injuries at all
• The sum of insurance coverage available

One thing a survival action lawyer does is to entirely determine the magnitude of your relative’s damages and demand the full quantity in a settlement. At Burger Law, our Breese, IL survival action and wrongful death lawyers perform a full inquiry into your case to make sure you are reimbursed to the fullest extent possible.

Statute of Limitations for Breese, IL Survival Action Claims

In Illinois, the stature of limitations for wrongful death claims is two years from the date of the death. But, 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 Breese, IL

Filing a survival action claim in Breese, IL is a process that requires meticulous attention to legal procedures 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 proficient in injury or wrongful death cases. They can lead you through the legal process, make certain compliance with the statute of limitations, and fight for your rights in court. Most wrongful death and personal injury lawyers give free consultations, providing you no reason to not speak to an attorney before taking further action.
• File a complaint — The executor, with the assistance of legal counsel, will commence a lawsuit in a Missouri court. This will set forth the details of the matter, point out the individuals involved, and enumerate the compensation sought after.

Once your claim is filed, your Burger Law Breese, 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 key factor of a survival action claim in Breese, IL, and your survival action lawyer will help in discovering and obtaining the necessary evidence. This could involve:

• Medical records and bills to comprehensively document the scope of the damage and the medical care treatments required
• Wage and employment records to conclusively show lost earnings due to the harm
• Expert testimony, such as testimonies from medical experts, to confirm the root and degree of the injury
• Witnesses who can corroborate to the circumstances related to the injury

The Importance of Legal Representation

While it is technically possible to initiate a survival action claim without an legal representative, the intricacies in legal affairs and procedural complexities make it difficult if you do not possess legal expertise. An skilled attorney like those at Burger Law will provide invaluable direction, represent your interests, and enhance your chances of a favorable outcome.

The optimal way to file a lawsuit involving survival action in Breese, IL? Put your trust in Burger Law. We will obtain a total monetary compensation for the injuries and anguish your dear one went through. Let us take care of the legal facet of your lawsuit while you and your family concentrate on mourning and recovering.

Legal Representation for Breese, IL Survival Action Claims

Grieving the passing of someone you care about is constantly difficult, and it can be made even more trying when attempting to deal with complex legal matters. Initiating and winning in a lawsuit involving survival action necessitates a thorough comprehension of the legal system, careful accumulation of evidence, weeks, and occasionally even years of your energy, and the ability to effectively plead in a courtroom. Given these obstacles, it is imperative to look for professional legal support to guarantee that fairness is delivered.

Importance of Legal Representation

In lawsuits involving survival action, possessing legal representation can make a considerable difference. Attorneys dedicating their practice in personal injury and wrongful death law have the understanding and know-how to handle the nuances of these claims, assuring that the liable parties are held responsible and achieving the optimal compensation 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 committed to assisting our individuals in navigating the challenging path towards justice. We understand the complexities of survival action claims, and we utilize our complete commitment to every case we handle. We firmly advocate in fairness and the civil court system that enables bereaved relatives to pursue justice. When you retain Burger Law’s survival action lawyers in Breese, IL, we:

• Provide an extensive understanding of the law and the highest level of legal representation
• Evaluate and develop your lawsuit with diligent analysis and systematic planning
• Manage all legal processes, discussion, and court proceedings on your side
• Advocate for your rights and interests in court
• Provide sympathetic emotional support as you and your family navigate this difficult time

Let Us Help You

If you believe you have a survival action claim in Breese, IL, call Burger Law at (314) 500-HURT immediately. We provide a complimentary initial consultation to talk about your case, review your options and explain how we are determined to battle for your family. You do not pay until we win your case. Let us help you in seeking the justice that your beloved ones merit. Contact us today to initiate the process.

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

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Speak to a Survival Action Lawyer in Breese, Illinois Today

Survival action claims represent a critical legal avenue to ensure justice amidst an untimely death. With Burger Law’s support, you and your Breese, IL family can seek the justice and total financial recovery that your loved one deserved. Speak with an experienced Breese, 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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