Survival Action Lawyer in Cairo, IL

If a family member 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 Cairo, 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.

If a family member is tragically killed since another person violated the rules, we may strive for compensation for your heartache, loss of support and funeral costs in a wrongful death lawsuit. This action compensates families for their dear one’s death. But, in many cases, your relative may have an ongoing injury claim, whether or not that injury eventually led to their death or not. Survival actions, regulated by specific Illinois laws, let injury claims to continue despite the passing of your family member. The intention behind survival claims is to ensure that the negligent party is held responsible for their actions, and that justice is obtained, despite the death of your wounded family member.

Burger Law is a renowned Cairo, 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 Cairo and throughout Illinois. When faced with the heartbreaking 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 undeniably crucial. If you have lost someone you love prematurely, speak with a survival action lawyer in Cairo, IL today at (314) 500-HURT or contact us online for a no-cost consultation.

What Is a Survival Action in Cairo, 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. 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 demise. This remains true regardless of whether the injury directly caused their death or not.

The principal aim 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 Cairo, IL?

Although survival actions and wrongful death claims in Cairo, 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 sought had they lived, such as medical expenses, lost earnings, and pain and suffering from the time of injury until death. Compensation is granted to your relative’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 endeavor to compensate the kin of the deceased for their losses. This may include funeral costs and burial fees, loss of financial support, and loss of camaraderie and advice. Compensation is awarded directly to grieving relatives.

In many cases, when an when an event or injury results in someone’s death but the person does not pass away at the location, you can (and ought to) present a survival action and wrongful death claim at the same time. As skilled Cairo, IL wrongful death and survival action advocates, Burger Law can aid you in navigating both cases to their conclusion.
Who Can File a Survival Action Claim?

Who Can File a Survival Action Claim in Cairo, 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 Cairo, IL survival action attorneys can help you determine who is the personal representative in your loved one’s case, or appoint yourself as the personal representative if the legislation and your situation it.
Damages Available in a Survival Action Claim

Damages Available in a Survival Action Claim in Cairo, IL

The financial recovery you can pursue in a survival action case in Cairo, IL is akin to that of a personal injury case. Generally, your losses incorporate:

• Medical costs collected between the date of accident and your loved one’s death
• Lost wages or decreased income 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 loved one experienced before death

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

Calculating your survival claim damages in Cairo, IL is largely contingent on the individual scenarios surrounding your loved one’s damages and death. Significant factors include:

• The extent of medical attention received
• The amount of money lost from not being able to engage in employment
• How long your loved one suffered from their injuries before they departed
• Whether your relative added to their injuries in any way
• The sum of insurance coverage available

Part of a survival action lawyer’s job is to entirely assess the range of your relative’s damages and demand the full total in a settlement. At Burger Law, our Cairo, IL survival action and wrongful death lawyers perform a full inquiry into your case to guarantee you are reimbursed to the fullest extent possible.
Statute of Limitations for Survival Action Claims

Statute of Limitations for Cairo, 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 Cairo, IL

Filing a survival action claim in Cairo, IL is a process that requires careful 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.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is vital to talk to a lawyer proficient in injury or wrongful death cases. They can guide you through the legal process, make certain compliance with the statute of limitations, and fight for your rights in court. Most accidental death and personal injury lawyers offer free consultations, affording you no reason not to talk to an attorney before taking further action.
• File a complaint — The executor, with the assistance of legal counsel, will initiate a lawsuit in a Missouri court. This will detail the facts of the matter, identify the entities involved, and state the reparation requested.

Once your claim is officially lodged, your Burger Law lawyer for survival actions in Cairo, IL will manage all aspects of the litigation process, providing unwavering support until you and your loved ones obtain the maximum possible compensation

Gathering Necessary Evidence

Collecting evidence is a crucial element of a claim for survival action in Cairo, IL, and your survival action lawyer will aid in discovering and locating the essential evidence. This could involve:

• Medical records and bills to comprehensively document the scope of the injury and the medical care procedures required
• Wage and employment records to clearly demonstrate lost earnings due to the injury
• Expert testimony, such as statements by medical experts, to verify the cause and severity of the harm
• Witnesses who can verify to the circumstances related to the injury

The Importance of Legal Representation

While it is technically possible to file a lawsuit involving survival action without an lawyer, the complexities in legal affairs and procedural intricacies make it difficult if you lack legal training. An experienced attorney like those at Burger Law will offer priceless assistance, represent your interests, and enhance your probability of a favorable claim.

The optimal way to file a claim for survival action in Cairo, IL? Rely on Burger Law. We will secure a total financial compensation for the injuries and anguish your cherished one went through. Let us handle the legal dimension of your case while you and your family concentrate on mourning and recovering.
Legal Representation for Illinois Survival Action Claims

Legal Representation for Cairo, IL Survival Action Claims

Grieving the passing of a person you hold dear about is continuously demanding, and it can be made even more trying when trying to navigate legal complexities. Submitting and winning in a claim for survival action demands a profound understanding of the legal framework, diligent gathering of proof, weeks, and occasionally even years of your energy, and the capacity to effectively argue in court. Taking into account these obstacles, it is crucial to search for specialized legal support to assure that equity is served.

Importance of Legal Representation

In survival action claims, retaining legal counsel can make a substantial difference. Attorneys specializing in personal injury and wrongful death law possess the understanding and proficiency to navigate the complexities of these claims, assuring that the liable parties are held accountable and securing 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 dedicated to personal injury and wrongful death cases, we are devoted to helping our clients in maneuvering the difficult path towards justice. We understand the details of survival action claims, and we bring our full resolve to every lawsuit we undertake. We adamantly endorse in justice and the civil court system that empowers grieving relatives to pursue justice. When you retain Burger Law’s survival action lawyers in Cairo, IL, we:

• Provide a comprehensive grasp of the law and the topmost level of legal advocacy
• Evaluate and construct your case with careful analysis and systematic planning
• Take care of all legal procedures, discussion, and court proceedings on your side
• Advocate for your rights and interests in the court system
• Provide sympathetic emotional support as you and your family deal with this trying time

Let Us Help You

If you think you have a survival action claim in Cairo, IL, reach out to Burger Law at (314) 500-HURT immediately. We provide a free first consultation to talk about your case, discuss your options and explain how we will battle 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 Cairo, IL include:

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Speak to a Survival Action Lawyer in Cairo, Illinois Today

Survival action claims serve as a vital legal option to secure justice amidst an untimely passing. With Burger Law’s help, you and your Cairo, IL family can pursue the justice and complete compensation that your loved one was owed. Reach out to an experienced Cairo, IL survival action lawyer today at (314) 500-HURT or fill out our online contact form for a free 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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