Survival Action Lawyer in Carbondale, IL

If a loved one has gone to a better place after being injured due to someone else’s negligence, you can still seek justice and a full financial recovery with Burger Law’s Carbondale, 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.

In the event that a dearly beloved is hurt fatally since someone else broke the rules, we can seek financial compensation for your sorrow, financial support loss and funeral costs in a wrongful death lawsuit. Such action compensates families for their relative’s death. However, in many cases, your relative might have an pre-existing claim for injury, regardless of whether this injury led to their death or otherwise. Survival actions, regulated by specific Illinois laws, allow personal injury claims to continue after the demise of your relative. The intention behind survival actions is to guarantee that the reckless party is held responsible for their actions, and that justice is accomplished, despite the death of your wounded relative.

Burger Law is a renowned Carbondale, IL personal injury law firm that focuses on wrongful death and survival action claims. With our 30 of fighting for justice, we have successfully recovered over $200 million for our clients in Carbondale and throughout Illinois. When faced with the unfortunate loss of a loved one, 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 certainly crucial. If you have lost someone you love unexpectedly, speak with a survival action lawyer in Carbondale, IL today at (314) 500-HURT or contact us online for a no-cost consultation.

What Is a Survival Action in Carbondale, 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 initiate 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 subsequently passes away, their personal representative or executor can pursue a survival action to recoup damages incurred from the date of the accident 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, 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 Carbondale, IL?

Even though survival actions and wrongful death claims in Carbondale, IL may appear similar, they are fundamentally different in terms of the restitution they seek to recover.

• Survival actions seek to recover the damages that the deceased could have sought had they lived, such as healthcare costs, 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 strive to recompense the relatives of the deceased for their loss. This may include funeral costs and burial fees, absence of financial support, and loss of companionship and guidance. Compensation is awarded directly to mourning kin.

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 should) present a survival action and wrongful death claim concurrently. As seasoned Carbondale, IL wrongful death and survival action counselors, Burger Law can aid you in handling both cases to their completion.
Who Can File a Survival Action Claim?

Who Can File a Survival Action Claim in Carbondale, 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 Carbondale, IL survival action attorneys 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 legislation and your situation permits it.
Damages Available in a Survival Action Claim

Damages Available in a Survival Action Claim in Carbondale, IL

The compensation you can seek in a survival action case in Carbondale, IL is equivalent to that of a personal injury case. Generally, your losses include:

• Medical bills accumulated between the date of injuries and your relative’s death
• Missed earnings or lowered earnings if your relative’s injuries affected their ability to generate income before their death
• Destruction of property
• Pain and suffering and mental anguish caused by the accident that your loved one experienced before death

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

Calculating your survival claim damages in Carbondale, IL is greatly reliant on the unique situations surrounding your loved one’s damages and death. Crucial factors include:

• The amount of healthcare obtained
• The amount of money lost from not being able to work
• The length of time your relative suffered from their injuries before they died
• Whether your family member contributed to their injuries in any way
• The amount of insurance coverage available

One thing a survival action lawyer does is to completely determine the magnitude of your relative’s damages and demand the full total in a settlement. At Burger Law, our Carbondale, IL survival action and wrongful death lawyers execute a full investigation into your case to assure you are recompensed to the fullest extent possible.
Statute of Limitations for Survival Action Claims

Statute of Limitations for Carbondale, 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 Carbondale, IL

Filing a survival action claim in Carbondale, IL is a process that requires thorough 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.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is imperative to seek advice from a lawyer proficient in personal injury or wrongful death cases. They can assist you through the legal process, ensure compliance with the statute of limitations, and advocate for your rights in court. Most unintentional death and bodily harm lawyers offer free consultations, giving you no reason never to speak to an attorney before proceeding.
• File a complaint — The executor, with the help of an attorney, will initiate a legal claim in a Missouri court. This document will lay out the details of the lawsuit, specify the parties participating, and particularize the reparation desired.

Once your claim is officially lodged, your Burger Law lawyer for survival actions in Carbondale, 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 key element of a lawsuit involving survival action in Carbondale, IL, and your survival action lawyer will help in pinpointing and locating the required evidence. This might entail:

• Medical records and bills to thoroughly record the severity of the injury and the healthcare procedures needed
• Wage and employment records to clearly demonstrate income loss due to the injury
• Expert testimony, such statements by medical professionals, to establish the reason and severity of the harm
• Witnesses who can attest to the conditions related to the injury

The Importance of Legal Representation

While it is technically possible to initiate a claim for survival action without an lawyer, the complexities in legal affairs and procedural complexities make it difficult if you lack legal training. An seasoned lawyer like those at Burger Law will offer priceless assistance, defend your claims, and enhance your likelihood of a positive claim.

The optimal way to submit a lawsuit involving survival action in Carbondale, IL? Put your trust in Burger Law. We are determined to secure a full financial compensation for the damages and anguish your cherished one experienced. Let us manage the legal facet of your case while you and your loved ones focus on grieving and recovering.
Legal Representation for Illinois Survival Action Claims

Legal Representation for Carbondale, IL Survival Action Claims

Grieving the departure of an individual you love about is constantly challenging, and it can be made even further challenging when trying to navigate complex legal matters. Submitting and winning in a claim for survival action demands a deep comprehension of the law, diligent gathering of evidence, months, and occasionally even years of your energy, and the capability to effectively plead in a courtroom. Given these obstacles, it is crucial to seek specialized legal aid to make sure that justice is administered.

Importance of Legal Representation

In claims for survival action, retaining legal counsel can make a significant difference. Lawyers focusing in personal injury and wrongful death law possess the knowledge and experience to navigate the intricacies of these claims, assuring that the liable parties are made responsible and achieving the maximum compensation 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 specializing in personal injury and wrongful death cases, we are committed to assisting our customers in dealing with the challenging journey to justice. We understand the details of survival action claims, and we bring our full resolve to every case we handle. We firmly believe in justice and the civil court system that empowers grieving kin to pursue justice. When you retain Burger Law’s survival action lawyers in Carbondale, IL, we:

• Provide a thorough understanding of the law and the utmost level of legal representation
• Evaluate and develop your case with diligent examination and strategic planning
• Handle all legal proceedings, discussion, and legal actions on your part
• 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 Carbondale, IL, reach out to Burger Law at (314) 500-HURT right away. We provide a complimentary initial consultation to discuss your lawsuit, discuss your options and elaborate on how we are determined to battle for your loved ones. You do not pay until we win your case. Let us assist you in seeking the justice that your cherished ones deserve. Contact us today to begin the process.

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

• Truck Crash Lawyers in Illinois
• Wrongful Death Lawyers in Illinois
• Semi-Truck Accident Lawyer in Illinois
• Car Accident Attorney in Illinois

CALL BURGER LAW NOW

Speak to a Survival Action Lawyer in Carbondale, Illinois Today

Survival action claims serve as a vital legal recourse to guarantee justice in the face of an untimely death. With Burger Law’s support, you and your Carbondale, IL family can obtain the justice and full financial recovery that your family member was owed. Speak with an experienced Carbondale, IL survival action lawyer today at (314) 500-HURT or fill out our online contact form for a complimentary consultation.