Survival Action Lawyer in Carrollton, Illinois

Survival action lawyer in Carrollton, Illinois. If someone you love has left us after getting injured due to someone else’s carelessness, one can still pursue justice and a full financial compensation with Burger Law’s Carrollton, IL survival action and wrongful death attorneys. Arrange for a free consultation today by getting in touch at (314) 500-HURT or completing our online contact form.

If a family member is fatally injured because another individual violated the rules, we may strive for financial compensation for your sorrow, financial support loss and funeral expenses in a wrongful death lawsuit. This reimburses families for their family member’s death. But, in many cases, your relative might have an ongoing personal injury claim, whether or not this injury resulted to their death or otherwise. Survival actions, governed by particular Illinois laws, allow injury claims to persist even though the death of your family member. The aim behind survival claims is to guarantee that the reckless party is held accountable for their actions, and that justice is obtained, despite the death of your wounded loved one.

Burger Law is a reputable Carrollton, IL personal injury law firm that focuses on 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 Carrollton and throughout Illinois. When faced with the tragic 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 undoubtedly crucial. If you have lost someone you love before their time, speak with a survival action lawyer in Carrollton, IL today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Carrollton, 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 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. Put simply, if a person sustains an injury due to the carelessness of another and later dies, 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 holds true regardless of whether the injury directly caused their death or not.

The primary 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 distributed according to their will or Illinois intestacy laws.

What Is the Difference Between Survival Action and Wrongful Death Claims in Carrollton, IL?

Though survival actions and wrongful death claims in Carrollton, IL may appear similar, they are intrinsically different in terms of the restitution they aim to recover.

• Survival actions aim to recover the damages that the deceased could have recovered had they survived, such as healthcare costs, lost earnings, and pain and suffering from the time of injury until death. Compensation is awarded to your deceased’s estate and then allocated based on their will. You can seek exemplary damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims seek to recompense the loved ones of the deceased for their losses. This might include funeral and burial expenses, lack of monetary help, and loss of companionship and counsel. Compensation is given directly to bereaved 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 site, you may (and ought to) present a survival action and wrongful death claim simultaneously. As experienced Carrollton, IL wrongful death and survival action lawyers, Burger Law can assist you in managing both cases to their .

Who Can File a Survival Action Claim in Carrollton, 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 Carrollton, IL survival action lawyers can help you determine who is the personal representative in your family member’s case, or establish yourself as the personal representative if the legalities and your situation permits it.

Damages Available in a Survival Action Claim in Carrollton, IL

The compensation you can pursue in a survival action case in Carrollton, IL is equivalent to that of a personal injury case. Generally, your losses encompass:

• Medical bills collected between the date of accident and your relative’s death
• Lost pay or reduced wages if your loved one’s injuries influenced their ability to make a living before their death
• Destruction of property
• Pain and suffering and mental anguish caused by the injuries that your relative experienced before death

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

The total value of your survival action claim in Carrollton, IL is heavily contingent on the individual situations surrounding your loved one’s injuries and death. Significant factors include:

• The extent of medical care obtained
• The amount of money lost from not being able to work
• The length of time your family member suffered from their injuries before they passed away
• Whether your relative had a part in their injuries in any way
• The insurance policy limits

One thing a survival action lawyer does is to entirely compute the magnitude of your family member’s damages and demand the full quantity in a financial recovery. At Burger Law, our Carrollton, IL survival action and wrongful death attorneys conduct a full examination into your case to assure you are recompensed to the highest level possible.

Statute of Limitations for Carrollton, 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 Carrollton, IL

Filing a survival action claim in Carrollton, 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.
• Seek legal counsel — Given the intricate and intricate nature of survival action claims, it is crucial to seek advice from a lawyer specializing in tort or wrongful death cases. They can guide you through the legal process, ensure compliance with the statute of limitations, and defend for your rights in court. Most accidental death and bodily harm lawyers provide free consultations, giving you no reason to not discuss to an attorney before moving forward.
• File a complaint — The executor, with the assistance of legal counsel, will initiate a legal claim in a Missouri court. This document will present the details of the case, identify the individuals participating, and particularize the compensation requested.

Once your claim is filed, your Burger Law Carrollton, 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 crucial factor of a claim for survival action in Carrollton, IL, and your survival action lawyer will help in pinpointing and locating the necessary evidence. This may encompass:

• Medical records and bills to adequately detail the scope of the damage and the medical care procedures required
• Wage and employment records to clearly demonstrate income loss due to the injury
• Expert testimony, such as testimonies from medical experts, to verify the root and severity of the injury
• Witnesses who can verify to the conditions related to the accident

The Importance of Legal Representation

While it is feasible in theory to file a survival action claim without an attorney, the complications in law proceedings and procedural complexities make it demanding if you lack legal training. An knowledgeable attorney like those at Burger Law will provide invaluable guidance, advocate for your interests, and increase your likelihood of a positive outcome.

The optimal way to pursue a claim for survival action in Carrollton, IL? Put your trust in Burger Law. We are determined to secure a total monetary recovery for the injuries and anguish your cherished one experienced. Let us take care of the legal facet of your legal matter while you and your loved ones concentrate on mourning and recovering.

Legal Representation for Carrollton, IL Survival Action Claims

Grieving the loss of someone you hold dear about is constantly difficult, and it can be made even further trying when trying to deal with legal intricacies. Submitting and winning in a survival action claim demands a deep comprehension of the legal framework, careful accumulation of supporting documents, weeks, and occasionally even years of your time, and the capability to successfully advocate in court. Taking into account these obstacles, it is imperative to search for specialized legal support to make sure that justice is delivered.

Importance of Legal Representation

In lawsuits involving survival action, retaining legal representation can make a substantial difference. Attorneys focusing in personal injury and wrongful death law have the knowledge and proficiency to maneuver the complexities of these claims, assuring that the liable parties are made responsible and obtaining the highest 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 legal practice specializing in personal injury and wrongful death cases, we are committed to supporting our individuals in dealing with the demanding path towards justice. We understand the intricacies of survival action claims, and we bring our complete commitment to every lawsuit we handle. We firmly believe in equity and the civil court system that empowers grieving kin to seek justice. When you hire Burger Law’s survival action lawyers in Carrollton, IL, we:

• Provide a thorough understanding of the law and the utmost level of legal representation
• Evaluate and develop your legal matter with careful examination and systematic planning
• Manage all legal proceedings, bargaining, and litigation on your behalf
• Fight for your rights and interests in court
• Provide empathetic emotional support as you and your family navigate this challenging time

Let Us Help You

If you think you have a survival action claim in Carrollton, IL, contact Burger Law at (314) 500-HURT immediately. We provide a free initial consultation to talk about your legal matter, discuss your options and detail how we will fight for your family. You do not pay until we win your case. Let us help you in pursuing the justice that your cherished ones deserve. Contact us today to begin the process.

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

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Speak to a Survival Action Lawyer in Carrollton, Illinois Today

Survival action claims serve as a vital legal option to guarantee justice amidst an untimely passing. With Burger Law’s assistance, you and your Carrollton, IL family can obtain the justice and maximum financial recovery that your loved one was owed. Contact an experienced Carrollton, IL survival action lawyer today at (314) 500-HURT or fill out 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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