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(314) 500-HURTIf a loved one passed away after getting injured because of someone else’s carelessness, one can still seek justice and a comprehensive financial compensation with Burger Law’s Chicago, 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.
If a relative is hurt fatally because another individual didn’t follow the rules, we may strive for a financial recovery for your grief, loss of support and funeral costs in a wrongful death lawsuit. This provides financial help to families for their family member’s death. Yet, in many cases, your dear one might have an pre-existing injury claim, no matter if this injury was their cause of death or not. Survival actions, regulated by particular Illinois laws, permit personal injury claims to persist after the death of your dear one. The intention behind survival claims is to guarantee that the negligent party is made accountable for their actions, and that justice is achieved, in spite of the death of your wounded relative.
Burger Law is a reputable Chicago, IL personal injury law firm that prioritizes wrongful death and survival action claims. With our 30 of fighting for justice, we have efficiently recovered over $200 million for our clients in Chicago and throughout Illinois. When faced with the tragic death of a loved one, the last thing you might want to contemplate is the complexities of the legal system. 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 Chicago, IL today at (314) 500-HURT or contact us online for a complimentary consultation.
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 negligence of another and later dies, their personal representative or executor can initiate 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 principal intention behind survival actions is to ensure that justice is served. If an injured person is unable to pursue 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 given out according to their will or Illinois intestacy laws.
Although survival actions and wrongful death claims in Chicago, IL seem to be alike, they are intrinsically different in terms of the damages they strive to recover.
In many cases, when an when an incident or injury results in someone’s death but the person does not pass away at the scene, you might (and ought to) present a survival action and wrongful death claim concurrently. As seasoned Chicago, IL wrongful death and survival action advocates, Burger Law can help you in navigating both cases to their conclusion.
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:
Our Chicago, IL survival action attorneys can help you find out who is the personal representative in your relative’s case, or establish yourself as the personal representative if the law and your circumstance permits it.
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
The financial recovery you can make a claim for in a survival action case in Chicago, IL is equivalent to that of a personal injury case. Typically, your damages include:
Calculating your survival claim damages in Chicago, IL is heavily reliant on the distinct circumstances surrounding your relative’s injuries and death. Crucial factors include:
One thing a survival action lawyer does is to fully determine the extent of your loved one’s damages and demand the full sum in compensation. At Burger Law, our Chicago, IL survival action and wrongful death attorneys carry out a full examination into your case to assure you are paid to the maximum degree possible.
In Illinois, wrongful death claims must be filed within 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:
Filing a survival action claim in Chicago, IL is a process that requires meticulous attention to legal processes and deadlines. The following steps can guide you through the process:
Once your claim is filed, your Burger Law Chicago, 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
Collecting evidence is a vital element of a survival action claim in Chicago, IL, and your survival action lawyer will support in recognizing and obtaining the necessary evidence. This could involve:
While it is theoretically achievable to initiate a survival action claim without an attorney, the complications in legal affairs and procedural intricacies make it demanding if you do not possess legal expertise. An seasoned attorney like those at Burger Law will offer precious direction, represent your claims, and enhance your chances of a favorable claim.
The optimal way to submit a lawsuit involving survival action in Chicago, IL? Put your trust in Burger Law. We are determined to secure a complete financial compensation for the harm and pain your beloved one went through. Let us take care of the legal facet of your case while you and your loved ones concentrate on grieving and recovering.
Grieving the loss of a person you care about is constantly demanding, and it can be made even further trying when endeavoring to handle legal intricacies. Filing and winning in a lawsuit involving survival action requires a deep grasp of the legal framework, meticulous accumulation of evidence, months, and sometimes even years of your effort, and the capability to efficiently argue in court. Taking into account these challenges, it is imperative to search for professional legal support to guarantee that justice is delivered.
In survival action claims, retaining legal counsel can make a substantial difference. Lawyers dedicating their practice in personal injury and wrongful death law carry the understanding and experience to maneuver the intricacies of these claims, assuring that the liable parties are held responsible and achieving the highest compensation for your family. Our survival action attorneys understand the Missouri legal system thoroughly and will fight until there is nothing left to fight.
As a legal practice specializing in personal injury and wrongful death cases, we are committed to supporting our customers in navigating the demanding journey to justice. We understand the details of survival action claims, and we bring our complete commitment to every legal matter we handle. We firmly believe in fairness and the judicial system that enables bereaved relatives to seek justice. When you hire Burger Law’s survival action lawyers in Chicago, IL, we:
If you think you have a survival action claim in Chicago, IL, reach out to Burger Law at (314) 500-HURT now. We provide a no-cost first consultation to talk about your lawsuit, explore your options and elaborate on how we are determined to fight for your family. You do not pay until we win your case. Allow us support you in going after the justice that your dear ones merit. Contact us today to begin the process.
Other cases we take on and win in Chicago, IL include:
Survival action claims constitute a vital legal option to secure justice when confronted with an untimely passing. With Burger Law’s assistance, you and your Chicago, IL family can obtain the justice and total compensation that your family member was owed. Reach out to an experienced Chicago, IL survival action lawyer today at (314) 500-HURT or fill out our online contact form for a no-cost consultation.
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Frequently asked questions
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Can you sue St. Louis City for a personal injury? Personal injury claims against governmental bodies come with their own set of unique challenges and legal barriers, primarily due to a doctrine known as “sovereign immunity.” This doctrine can often seem like a significant hurdle for injured individuals seeking justice. If St. Louis City or its employees hurt you, they should have to pay just like anyone else would, right?
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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