Survival Action Lawyer in Collinsville, IL

If someone dear to your heart has left us after being injured because of someone else’s carelessness, one can still pursue justice and a full financial compensation with Burger Law’s Collinsville, 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.

In the event that a loved one is fatally injured because another individual didn’t follow the rules, we may seek financial compensation for your sorrow, loss of support and burial expenses in a wrongful death lawsuit. This action reimburses families for their loved one’s death. But, in many cases, your dear one may have an pre-existing injury claim, no matter if that injury was their cause of death or not. Survival actions, regulated by particular Illinois laws, permit injury claims to continue even after the death of your loved one. The intention behind survival claims is to guarantee that the negligent party is held accountable for their actions, and that justice is obtained, despite the death of your wounded relative.

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 Collinsville, 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 initiate 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 negligence 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 death. This remains true regardless of whether the injury directly caused their death or not.

The principal objective 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?

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

Even though survival actions and wrongful death claims in Collinsville, IL may appear similar, they are essentially different in terms of the losses 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 wages, and pain and suffering from the time of injury until death. Compensation is granted to your loved one’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 kin of the deceased for their loss. This could include funeral costs and burial fees, loss of financial support, and loss of companionship and counsel. Compensation is given directly to grieving family members.

In many cases, when an when an accident or injury leads to someone’s death but the person does not die at the site, you could (and ought to) present a survival action and wrongful death claim at the same time. As seasoned Collinsville, IL wrongful death and survival action counselors, Burger Law can help you in overseeing both cases to their completion.
Who Can File a Survival Action Claim?

Who Can File a Survival Action Claim in Collinsville, 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 Collinsville, IL survival action lawyers can help you find out who is the personal representative in your loved one’s case, or designate yourself as the personal representative if the Damages Available in a Survival Action Claim

Damages Available in a Survival Action Claim in Collinsville, IL

The compensation you can make a claim for in a survival action case in Collinsville, IL is similar to that of a personal injury case. Ordinarily, your expenses encompass:

• Medical expenses collected between the date of injuries and your loved one’s death
• Missed earnings or reduced wages if your loved one’s injuries impacted their ability to earn a living before their death
• Damage to property
• Pain and suffering and mental anguish caused by the injuries that your relative experienced before death

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

The total value of your survival action claim in Collinsville, IL is greatly reliant on the distinct circumstances surrounding your relative’s injuries and death. Vital factors involve:

• The extent of medical attention received
• The amount of money lost from not being able to perform job functions
• The period your loved one suffered from their injuries before they departed
• If your loved one contributed to their injuries at all
• The insurance policy limits

Part of a survival action lawyer’s job is to thoroughly determine the range of your family member’s damages and demand the full sum in compensation. At Burger Law, our Collinsville, IL survival action and wrongful death attorneys perform a full inquiry into your case to assure you are recompensed to the maximum degree possible.
Statute of Limitations for Survival Action Claims

Statute of Limitations for Collinsville, 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 Collinsville, IL

Filing a survival action claim in Collinsville, IL is a process that requires careful 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.
• Consult with a lawyer — Given the intricate and intricate nature of survival action claims, it is vital to talk to a lawyer specializing in injury or wrongful death cases. They can lead you through the legal process, make certain compliance with the statute of limitations, and advocate for your rights in court. Most wrongful death and physical injury lawyers offer free consultations, affording you no reason not to speak to an attorney before moving forward.
• File a complaint — The executor, with the help of an attorney, will commence a complaint in a Missouri court. This will detail the facts of the matter, point out the parties involved, and particularize the compensation requested.

Once your claim is filed, your Burger Law Collinsville, 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 Collinsville, IL, and your attorney for survival action will aid in recognizing and finding the necessary evidence. This may encompass:

• Medical records and bills to adequately detail the extent of the damage and the medical interventions necessary
• Wage and employment records to conclusively show income loss due to the harm
• Expert testimony, including statements by healthcare specialists, to verify the root and extent of the harm
• Witnesses who can confirm to the circumstances related to the accident

The Importance of Legal Representation

While it is feasible in theory to submit a claim for survival action without an lawyer, the complications in law proceedings and procedural complexities make it challenging if you lack legal training. An experienced attorney like those at Burger Law will offer priceless guidance, advocate for your claims, and enhance your probability of a successful claim.

The best way to pursue a lawsuit involving survival action in Collinsville, IL? Hire Burger Law. We will obtain a complete monetary recovery for the harm and anguish your cherished one went through. Let us handle the legal aspect of your case while you and your family focus on mourning and recovering.
Legal Representation for Illinois Survival Action Claims

Legal Representation for Collinsville, IL Survival Action Claims

Grieving the passing of a person you love about is always challenging, and it can be made even more difficult when endeavoring to deal with legal intricacies. Submitting and winning in a lawsuit involving survival action requires a thorough comprehension of the law, careful gathering of supporting documents, months, and occasionally even years of your time, and the ability to effectively argue in a courtroom. Given these difficulties, it is crucial to seek expert legal assistance to make sure that equity is administered.

Importance of Legal Representation

In lawsuits involving survival action, retaining legal counsel can make a considerable difference. Attorneys dedicating their practice in personal injury and wrongful death law possess the expertise and proficiency to handle the intricacies of these claims, ensuring that the liable parties are made responsible and achieving the highest financial recovery for your family. 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 devoted to assisting our individuals in maneuvering the challenging path towards justice. We understand the details of survival action claims, and we employ our complete commitment to every case we undertake. We firmly endorse in justice and the judicial system that empowers grieving relatives to seek justice. When you retain Burger Law’s survival action lawyers in Collinsville, IL, we:

• Provide a thorough grasp of the law and the utmost level of legal representation
• Evaluate and build your case with careful assessment and systematic planning
• Handle all legal procedures, negotiation, and court proceedings on your behalf
• Advocate for your rights and interests in court
• Provide sympathetic 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 Collinsville, IL, reach out to Burger Law at (314) 500-HURT immediately. We offer a free initial consultation to discuss your lawsuit, review your options and explain how we are determined to fight for your loved ones. You do not pay until we win your case. Let us support you in going after the justice that your cherished ones are entitled to. Contact us today to initiate the process.

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

• Truck Crash Lawyers in Illinois
• Wrongful Death Lawyers in Illinois
• Semi-Truck Accident Lawyer in Illinois
• Car Accident Attorney in Illinois

CALL BURGER LAW NOW

Speak to a Survival Action Lawyer in Collinsville, Illinois Today

Survival action claims serve as a essential legal recourse to guarantee justice amidst an untimely passing. With Burger Law’s help, you and your Collinsville, IL family can pursue the justice and maximum compensation that your loved one was owed. Reach out to an experienced Collinsville, IL survival action lawyer today at (314) 500-HURT or complete 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!

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