Survival Action Lawyer in Carterville, IL

If someone dear to your heart has gone to a better place after being injured due to someone else’s carelessness, you can still seek justice and a comprehensive financial compensation with Burger Law’s Carterville, IL survival action and wrongful death attorneys. Arrange for a free consultation today by dialing our number at (314) 500-HURT or filling out our online contact form.

When a family member is hurt fatally due to the fact that someone else broke the rules, we may request financial compensation for your sorrow, financial support loss and burial costs in a wrongful death lawsuit. This gives compensation to families for their dear one’s death. Yet, in many cases, your relative might have an ongoing personal injury claim, regardless of whether that injury led to their death or otherwise. Survival actions, governed by specific Illinois laws, let personal injury claims to proceed after the passing of your relative. The intention behind survival claims is to ensure that the reckless party is made accountable for their actions, and that justice is obtained, in spite of the death of your hurt family member.

Burger Law is a reputable Carterville, IL personal injury law firm that specializes in 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 Carterville and throughout Illinois. When faced with the heartbreaking 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 seek justice is undoubtedly crucial. If you have lost someone you hold dear before their time, speak with a survival action lawyer in Carterville, IL today at (314) 500-HURT or contact us online for a complimentary consultation.

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What Is a Survival Action?

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

The primary aim behind survival actions is to ensure that justice is served. If an injured person is unable to proceed with 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?

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

While survival actions and wrongful death claims in Carterville, IL might seem alike, they are fundamentally different in terms of the damages they seek to recover.

• Survival actions strive to recover the damages that the deceased could have recovered 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 relative’s estate and then allocated based on their will. You can seek punitive damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims aim to recompense the relatives of the deceased for their loss. This might include funeral and burial expenses, loss of financial support, and loss of companionship and guidance. Compensation is provided directly to bereaved family members.

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 can (and ought to) file a survival action and wrongful death claim at the same time. As seasoned Carterville, IL wrongful death and survival action lawyers, Burger Law can help you in handling both cases to their conclusion.

Who Can File a Survival Action Claim?

Who Can File a Survival Action Claim in Carterville, 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 Carterville, IL survival action lawyers can help you discover who is the personal representative in your loved one’s case, or appoint 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 Carterville, IL

The financial recovery you can pursue in a survival action case in Carterville, IL is similar to that of a personal injury case. Usually, your expenses incorporate:

• Medical bills accumulated between the date of accident and your loved one’s death
• Lost income or lowered earnings if your loved one’s injuries affected their ability to provide for themselves and family before their death
• Damage to property
• Pain and suffering and mental anguish caused by the accident that your deceased experienced before death

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

Calculating your survival claim damages in Carterville, IL is largely reliant on the distinct circumstances surrounding your loved one’s damages and death. Crucial factors are:

• The amount of medical treatment received
• The amount of money missed out on from not being able to perform job functions
• How long your family member suffered from their injuries before they departed
• Should your family member contributed to their injuries at all
• The extent of insurance coverage available

One thing a survival action lawyer does is to entirely assess the extent of your family member’s damages and demand the full quantity in a settlement. At Burger Law, our Carterville, IL survival action and wrongful death attorneys conduct a full inquiry into your case to guarantee you are reimbursed to the highest level possible.

Statute of Limitations for Survival Action Claims

Statute of Limitations for Carterville, 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 Carterville, IL

Filing a survival action claim in Carterville, IL is a process that requires meticulous attention to legal processes 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.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is imperative to consult a lawyer specializing in injury or wrongful death cases. They can assist you through the legal process, ensure compliance with the statute of limitations, and defend for your rights in court. Most accidental death and physical injury lawyers provide free consultations, giving you no reason not to discuss to an attorney before proceeding.
• File a complaint — The executor, with the assistance of legal counsel, will initiate a legal claim in a Missouri court. This legal paper will lay out the details of the case, point out the parties participating, and state the damages sought after.

Once your claim is filed, your Burger Law Carterville, 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 vital element of a lawsuit involving survival action in Carterville, IL, and your attorney for survival action will support in recognizing and locating the required evidence. This may encompass:

• Medical records and bills to thoroughly record the severity of the injury and the medical care procedures required
• Wage and employment records to conclusively show lost earnings due to the harm
• Expert testimony, including statements by medical professionals, to verify the cause and extent of the harm
• Witnesses who can verify to the conditions related to the injury

The Importance of Legal Representation

While it is theoretically achievable to submit a lawsuit involving survival action without an legal representative, the complexities in legal matters and procedural intricacies make it demanding if you lack legal expertise. An knowledgeable lawyer like those at Burger Law will offer precious direction, represent your claims, and increase your chances of a favorable claim.

The best way to submit a survival action claim in Carterville, IL? Count on Burger Law. We will obtain a complete monetary compensation for the harm and pain your dear one endured. Let us handle the legal dimension of your lawsuit while you and your loved ones focus on mourning and recovering.

Legal Representation for Illinois Survival Action Claims

Legal Representation for Carterville, IL Survival Action Claims

Grieving the passing of a person you love about is constantly difficult, and it can be made even more difficult when endeavoring to deal with legal complexities. Submitting and winning in a survival action claim demands a profound grasp of the law, careful collection of proof, months, and occasionally even years of your time, and the capability to successfully argue in a courtroom. Given these difficulties, it is imperative to seek expert legal aid to assure that equity is served.

Importance of Legal Representation

In survival action claims, possessing legal counsel can make a significant difference. Attorneys focusing in personal injury and wrongful death law have the knowledge and know-how to maneuver the nuances of these claims, ensuring that the liable parties are held accountable and obtaining the optimal compensation for your family. Our lawyers for survival action understand the Missouri legal system thoroughly and will fight until there is nothing left to fight.

Our Expertise and Commitment

As a legal practice dedicated to personal injury and wrongful death cases, we are devoted to supporting our clients in maneuvering the demanding journey to justice. We understand the complexities of survival action claims, and we utilize our full resolve to every case we handle. We strongly endorse in fairness and the civil court system that enables bereaved relatives to seek justice. When you hire Burger Law’s survival action lawyers in Carterville, IL, we:

• Provide a comprehensive grasp of the law and the highest level of legal advocacy
• Evaluate and build your lawsuit with meticulous examination and strategic planning
• Handle all legal processes, bargaining, and court proceedings on your side
• Champion for your rights and interests in court
• Provide sympathetic emotional support as you and your family face this challenging time

Let Us Help You

If you think you have a survival action claim in Carterville, IL, reach out to Burger Law at (314) 500-HURT now. We provide a no-cost initial consultation to talk about your lawsuit, consider your options and elaborate on how we will battle for your family. You do not pay until we win your case. Let us help you in going after the justice that your beloved ones deserve. Contact us today to initiate the process.

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

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Speak to a Survival Action Lawyer in Carterville, Illinois Today

Survival action claims constitute a vital legal avenue to ensure justice amidst an untimely death. With Burger Law’s support, you and your Carterville, IL family can pursue the justice and total financial recovery that your family member was owed. Speak with an experienced Carterville, 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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