Survival Action Lawyer in Carlinville, IL

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

Burger Law is a renowned Carlinville, 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 effectively recovered over $200 million for our clients in Carlinville and throughout Illinois. When faced with the unfortunate 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 pursue justice is undeniably crucial. If you have lost someone you love before their time, speak with a survival action lawyer in Carlinville, IL today at (314) 500-HURT or contact us online for a complimentary consultation.

Burger Law is a respected Collinsville, IL personal injury law firm that is dedicated to wrongful death and survival action claims. With our three decades of fighting for justice, we have efficiently recovered over $200 million for our clients in Collinsville and throughout Illinois. When faced with the devastating death of a loved one, the last thing you might wish to contemplate is the legal process. Nevertheless, understanding your rights and the available mechanisms to seek justice is certainly crucial. If you have lost someone you hold dear before their time, speak with a survival action lawyer in Collinsville, IL today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Carlinville, 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 bring 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 subsequently passes away, their personal representative or executor can initiate 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 aim behind survival actions is to ensure that justice is served. If an injured person is unable to pursue 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 Carlinville, IL?

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

• Survival actions strive 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 allotted to your loved one’s estate and then dispersed 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 recompense the loved ones of the deceased for their sorrow. This could include funeral and burial expenses, lack of financial support, and loss of camaraderie and advice. Compensation is given directly to mourning loved ones.

In many cases, when an when an event or injury leads to someone’s death but the person does not pass away at the place, you could (and ought to) lodge a survival action and wrongful death claim concurrently. As skilled Carlinville, IL wrongful death and survival action advocates, Burger Law can support you in handling both cases to their .
Who Can File a Survival Action Claim?

Who Can File a Survival Action Claim in Carlinville, 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 Carlinville, IL survival action attorneys can help you identify who is the personal representative in your family member’s case, or establish yourself as the personal representative if the legislation and your circumstance permits it.
Damages Available in a Survival Action Claim

Damages Available in a Survival Action Claim in Carlinville, IL

The compensation you can pursue in a survival action case in Carlinville, IL is similar to that of a personal injury case. Typically, your losses include:

• Medical bills gathered between the date of accident and your family member’s death
• Lost pay or lowered earnings if your loved one’s injuries impacted their ability to provide for themselves and family before their death
• Property damage
• Pain and suffering and psychological trauma caused by the accident that your loved one experienced before death

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

Calculating your survival claim damages in Carlinville, IL is heavily dependent on the individual scenarios surrounding your relative’s damages and death. Significant factors are:

• The extent of medical care obtained
• The amount of money missed out on from not being able to perform job functions
• The length of time your loved one suffered from their injuries before they died
• Whether your relative had a part in their injuries in any way
• The insurance policy limits

Part of a survival action lawyer’s job is to completely calculate the extent of your loved one’s damages and demand the full quantity in compensation. At Burger Law, our Carlinville, IL survival action and wrongful death attorneys conduct a full investigation into your case to assure you are recompensed to the highest level possible.
Statute of Limitations for Survival Action Claims

Statute of Limitations for Carlinville, 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 Carlinville, IL

Filing a survival action claim in Carlinville, 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 seek advice from a lawyer expertise in injury or wrongful death cases. They can guide you through the legal process, ensure compliance with the statute of limitations, and fight for your rights in court. Most unintentional death and physical injury lawyers offer free consultations, providing you no reason not to speak to an attorney before taking further action.
• File a complaint — The executor, with the help of an attorney, will initiate a legal claim in a Missouri court. This court filing will detail the facts of the lawsuit, point out the entities engaged, and particularize the damages sought after.

Upon the submission of your claim, your Carlinville, IL Burger Law attorney specializing in survival actions will take charge of the litigation process on your behalf, remaining steadfastly by your side until you and your family receive the utmost compensation

Gathering Necessary Evidence

Collecting evidence is a crucial element of a claim for survival action in Carlinville, IL, and your attorney for survival action will aid in identifying and finding the essential evidence. This could involve:

• Medical records and bills to thoroughly record the scope of the damage and the medical care treatments needed
• Wage and employment records to clearly demonstrate lost earnings due to the injury
• Expert testimony, such statements by medical professionals, to verify the reason and severity of the injury
• Witnesses who can corroborate to the conditions related to the accident

The Importance of Legal Representation

While it is theoretically achievable to initiate a lawsuit involving survival action without an legal representative, the complications in legal matters and procedural intricacies make it challenging if you lack legal training. An knowledgeable attorney like those at Burger Law will offer priceless guidance, represent your rights, and improve your likelihood of a successful outcome.

The most effective way to pursue a claim for survival action in Carlinville, IL? Put your trust in Burger Law. We are determined to attain a full economic recovery for the injuries and anguish your dear one experienced. Let us handle 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 Carlinville, IL Survival Action Claims

Grieving the departure of a person you love about is continuously demanding, and it can be made even more challenging when endeavoring to deal with legal intricacies. Initiating and winning in a lawsuit involving survival action demands a thorough grasp of the law, diligent gathering of evidence, months, and sometimes even years of your effort, and the ability to effectively advocate in a courtroom. Given these obstacles, it is vital to search for professional legal assistance to assure that equity is served.

Importance of Legal Representation

In claims for survival action, retaining legal representation can make a considerable difference. Attorneys focusing in personal injury and wrongful death law possess the expertise and proficiency to navigate the nuances of these claims, ensuring that the liable parties are held responsible and achieving the maximum financial recovery for your loved ones. Our survival action attorneys 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 customers in dealing with the difficult journey to justice. We understand the complexities of survival action claims, and we bring our entire dedication to every lawsuit we take on. We strongly advocate in equity and the legal system that empowers mourning kin to pursue justice. When you hire Burger Law’s survival action lawyers in Carlinville, IL, we:

• Provide a comprehensive knowledge of the law and the highest level of legal advocacy
• Evaluate and build your legal matter with careful analysis and well-thought-out planning
• Handle all legal procedures, bargaining, and legal actions on your side
• Advocate for your rights and interests in court
• Provide empathetic 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 Carlinville, IL, reach out to Burger Law at (314) 500-HURT immediately. We provide a free first consultation to talk about your lawsuit, discuss your options and elaborate on how we will battle for your family. You do not pay until we win your case. Let us assist you in going after the justice that your beloved ones merit. Contact us today to initiate the process.

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

CALL BURGER LAW NOW

Speak to a Survival Action Lawyer in Carlinville, Illinois Today

Survival action claims represent a essential legal avenue to guarantee justice amidst an untimely death. With Burger Law’s assistance, you and your Carlinville, IL family can pursue the justice and total compensation that your loved one deserved. Reach out to an experienced Carlinville, IL survival action lawyer today at (314) 500-HURT or complete 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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