Survival Action Lawyer in Casey, IL

If someone you love 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 Casey, 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.

When a relative is tragically killed since another individual didn’t follow the rules, we can strive for compensation for your heartache, loss of support and burial costs in a wrongful death lawsuit. Such action provides financial help to families for their dear one’s death. Yet, in many cases, your dear one may have an existing personal injury claim, whether or not this injury was their cause of death or not. Survival actions, controlled by specific Illinois laws, allow injury claims to persist despite the demise of your family member. The intent behind survival claims is to ensure that the reckless party is held responsible for their actions, and that justice is obtained, regardless of the death of your wounded loved one.

Burger Law is a respected Casey, IL personal injury law firm that specializes in wrongful death and survival action claims. With our extensive experience of fighting for justice, we have efficiently recovered over $200 million for our clients in Casey and throughout Illinois. When faced with the tragic death 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 undeniably crucial. If you have lost someone you hold dear unexpectedly, speak with a survival action lawyer in Casey, IL today at (314) 500-HURT or contact us online for a free consultation.

What Is a Survival Action in Casey, 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 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. In simpler terms, if a person sustains an injury due to the recklessness of another and later dies, 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 main aim 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 Casey, IL?

While survival actions and wrongful death claims in Casey, IL seem to be alike, they are fundamentally distinct in terms of the damages they seek to recover.

• Survival actions aim to recover the damages that the deceased could have pursued had they lived, such as healthcare costs, lost wages, 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 extra damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims endeavor to recompense the family members of the deceased for their grief. This could include funeral and burial expenses, lack of economic support, and loss of companionship and counsel. Compensation is provided directly to bereaved kin.

In many cases, when an when an event or injury results in someone’s death but the person does not pass away at the place, you can (and should) lodge a survival action and wrongful death claim Who Can File a Survival Action Claim?

Who Can File a Survival Action Claim in Casey, 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 Casey, IL survival action attorneys can help you discover who is the personal representative in your family member’s case, or set up yourself as the personal representative if the Damages Available in a Survival Action Claim

Damages Available in a Survival Action Claim in Casey, IL

The compensation you can seek in a survival action case in Casey, IL is similar to that of a personal injury case. Ordinarily, your damages include:

• Medical bills accrued between the date of injuries and your loved one’s death
• Lost wages or reduced wages if your family member’s injuries influenced their ability to generate income before their death
• Loss of property
• Pain and suffering and psychological trauma caused by the accident that your loved one experienced before death

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

The total value of your survival action claim in Casey, IL is significantly reliant on the individual conditions surrounding your loved one’s injuries and death. Crucial factors involve:

• The amount of medical treatment obtained
• The amount of money missed out on from not being able to work
• The duration your loved one suffered from their injuries before they died
• Whether your loved one contributed partly to their injuries at all
• The insurance policy limits

Part of a survival action lawyer’s job is to thoroughly compute the magnitude of your relative’s damages and demand the full total in a financial recovery. At Burger Law, our Casey, IL survival action and wrongful death attorneys carry out a full investigation into your case to ensure you are paid to the fullest extent possible.
Statute of Limitations for Survival Action Claims

Statute of Limitations for Casey, 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 Casey, IL

Filing a survival action claim in Casey, IL is a process that requires careful 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 crucial to talk to a lawyer expertise in personal injury or wrongful death cases. They can assist you through the legal process, guarantee compliance with the statute of limitations, and advocate for your rights in court. Most accidental death and physical injury lawyers offer free consultations, affording you no reason to not speak to an attorney before moving forward.
• File a complaint — The executor, with the assistance of legal counsel, will commence a complaint in a Missouri court. This court filing will lay out the details of the case, point out the individuals engaged, and enumerate the damages sought after.

Once your claim is filed, your Burger Law Casey, 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 essential element of a survival action claim in Casey, IL, and your attorney for survival action will aid in discovering and obtaining the needed evidence. This might entail:

• Medical records and bills to adequately detail the scope of the injury and the healthcare procedures needed
• Wage and employment records to clearly demonstrate income loss due to the harm
• Expert testimony, including testimonies from medical experts, to confirm the reason and extent of the injury
• Witnesses who can confirm to the circumstances related to the injury

The Importance of Legal Representation

While it is feasible in theory to initiate a survival action claim without an legal representative, the intricacies in law proceedings and procedural intricacies make it demanding if you do not possess legal expertise. An knowledgeable lawyer like those at Burger Law will provide priceless guidance, advocate for your interests, and boost your chances of a positive outcome.

The optimal way to pursue a lawsuit involving survival action in Casey, IL? Rely on Burger Law. We are determined to secure a total economic recovery for the damages and anguish your dear one endured. Let us manage the legal dimension of your case while you and your loved ones concentrate on grieving and healing.
Legal Representation for Illinois Survival Action Claims

Legal Representation for Casey, IL Survival Action Claims

Grieving the passing of an individual you hold dear about is continuously difficult, and it can be made even further trying when endeavoring to handle legal complexities. Initiating and winning in a lawsuit involving survival action requires a thorough understanding of the legal framework, meticulous collection of evidence, months, and at times even years of your time, and the capacity to efficiently argue in court. Considering these difficulties, it is essential to seek specialized legal aid to make sure that justice is administered.

Importance of Legal Representation

In claims for survival action, retaining an attorney can make a significant difference. Attorneys focusing in personal injury and wrongful death law carry the expertise and experience to handle the intricacies of these claims, assuring that the liable parties are held accountable and obtaining the highest financial recovery for your family. 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 attorney group specializing in personal injury and wrongful death cases, we are committed to helping our individuals in dealing with the challenging path to justice. We understand the details of survival action claims, and we utilize our full dedication to every lawsuit we take on. We firmly believe in equity and the legal system that empowers bereaved kin to pursue justice. When you hire Burger Law’s survival action lawyers in Casey, IL, we:

• Provide an extensive grasp of the law and the topmost level of legal representation
• Evaluate and build your case with meticulous assessment and well-thought-out planning
• Take care of all legal processes, negotiation, and litigation on your part
• Champion for your rights and interests in a courtroom
• Provide empathetic emotional support as you and your family deal with this difficult time

Let Us Help You

If you think you have a survival action claim in Casey, IL, contact Burger Law at (314) 500-HURT immediately. We offer a complimentary initial consultation to talk about your legal matter, review your options and explain how we will battle for your loved ones. You do not pay until we win your case. Allow us help you in seeking the justice that your dear ones deserve. Contact us today to begin the process.

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

CALL BURGER LAW NOW

Speak to a Survival Action Lawyer in Casey, Illinois Today

Survival action claims represent a vital legal avenue to secure justice in the face of an untimely passing. With Burger Law’s assistance, you and your Casey, IL family can obtain the justice and total compensation that your loved one was owed. Contact an experienced Casey, IL survival action lawyer today at (314) 500-HURT or fill out our online contact form for a no-cost 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!

View More Reviews on Google Maps and Yelp