Wrongful Death LawyerO’Fallon, IL
Wrongful Death Lawyer O’Fallon, IL. A terrible accident has hurt your family. Your family has lost a loved one, and you don’t know what do to next, or how your family is going to pursue the wrongful death suit. Burger Law is a personal injury law firm in O’Fallon that aggressively pursues wrongful death claims for O’Fallon families that have been hurt by the reckless actions of individuals. Our Firm will make sure that your loved one’s memory is protected, and ensure that company or individual who caused your loved one’s passing is held fully liable for their terrible actions. Our Firm will use its full resources to fight for your family.
Wrongful Death claims are never easy. Negligent acts should never happen. There is always a trail of facts or reports that show negligence on the part of the business or individual who is responsible for your loved one’s death. We hold these individuals and businesses accountable for the terrible and tragic mistakes they’ve caused.
Gary Burger and Burger Law are a team of wrongful death lawyers who are dedicated to fighting for the rights and recoveries of O’Fallon families who have lost loved ones. We take every case seriously, and we never ask your family to settle for anything less than the maximum amount they deserve. We don’t charge any fees unless we win your family’s claim. Call us at your earliest convenience at 1-314-542-2222, or use this form HERE.
How do I start a Wrongful Death Claim?
Wrongful Death Attorney O’Fallon, IL, 62208
Wrongful Death Suits give the family of the deceased the right to seek compensation and recovery against those who have caused the untimely death of a loved one. These suits allow families to pursue legal action and judgments against the party or parties responsible for the passing of a family member. So what does this mean? If your family member had lived, they would have been able to pursue a personal injury claim, and the negligent party would be liable for any type of payments or recoveries that your loved one could have pursued.
In Missouri, wrongful death claims are dictated by Statute 537.090 which sets who can sue, what they can sue for, and how any recovery or settlement is dispersed and what liens can be set against it.
In Illinois, wrongful death suits are dictated by Statute 740 ILCS 180 – Wrongful Death Act.
Through these laws, your family can seek judgment and a subsequent recovery against those responsible for your loved one’s death. Because death is involved in these claims, the collection and protection of evidence is paramount to the success of the claim. An experienced Wrongful Death Lawyer in O’Fallon will know how to collect this evidence, how to depose the defendant, and how to hold the business or individual accountable to the fullest extent of the law. If your family needs guidance during this time, please call us at 1-314-542-2222, or use this form HERE. We can help your family get the justice, compensation, and recovery it deserves.
When can my Family Start a Wrongful Death Claim?
Wrongful Death Lawyer in O’Fallon, IL, 62208
As stated above, these suits can only be leveled when a loved one has passed because of an accident, whereas, had they lived, they could have sued for the damages. There are several different instances where this is applicable. Here are a few of the wrongful death claims we’ve successfully taken on:
Truck Accident Wrongful Death Claim – In this lawsuit, we proved that the company and the driver were both negligent, and were able to secure an excellent recovery for our clients as well as handle the family’s probate matters so that their recovery was protected.
Medical Malpractice Wrongful Death Claim – We proved that the doctor acted negligently towards our clients symptoms and that they acted negligently by not administering the proper tests to determine a diagnoses.
Nursing Home Negligence Wrongful Death Claim – Injuries can often have other effects that cause other issues or even death years later. Complications that arrive from an initial accident are attributed as being caused by the accident. We made sure that the nursing home was held fully responsible for the injuries they caused to our client, and the illness that caused her death.
Wrongful Death due to Fentanyl – This drug, in large amounts, can be fatal. The company responsible for the creation of the patches neglected to tell the users that the use of the patches could lead to fatal overdoses of the drug. We were able to prove that the company, Janssen Pharmaceuticals acted negligently, and were able to settle the claim for a large, confidential amount.
Opioid Overdose Wrongful Death Claim – Opioids are being overprescribed and over used in the US. These drugs are extremely addictive, and the pharmaceutical companies rely on doctors pushing these drugs onto their patients so they will get addicted. These companies need to be punished to the fullest extent of the law for their actions. Here is a short video on the Misrepresentation of Opioids:
What can my family Recover in a Wrongful Death Suit?
Wrongful Death Attorney in O’Fallon, IL, 62208
No amount of money or compensation will ever replace your lost loved one. Our Personal Injury Lawyers in O’Fallon will take on your family’s wrongful death claim and hold those responsible for the death of your loved one fully accountable for their negligent and reckless acts. Here are several types of recoveries that your family can pursue:
- Loss of Income
- Loss of Companionship
- Loss of Instruction to Children
- Funeral Expenses
This is a short list of a few of the things you can recover. We understand that your loved one’s passing is difficult. We want to help you and your family receive all of the compensation and financial recovery that you deserve. When you’re ready to talk, we can help. Call or Contact our Wrongful Death Lawyers in O’Fallon.
Who can File a Wrongful Death Lawsuit?
Wrongful Death Attorney O’Fallon, IL, 62208
A wrongful death claim can only be pursued by designated financial beneficiaries of the deceased. This will differ from state to state, but is typically uniform across the US.
In Missouri, Statute 537.080 dictates who can bring a wrongful death lawsuit.
Here is a breakdown of who can file a wrongful death claim, and who is allowed to benefit from a wrongful death suit:
- Wife/Husband – Significant Other.
- Children of the disceased.
- Grandchildren of the Disceased, or even great grandchildren.
- Parent’s can file wrongful death for the loss of a child.
- If no Spouses, parents or children are available to recover, then a Sibling can bring a wrongful death claim.
- In rare cases, the children of sibilings can pursue a wrongful death claim.
If you have any questions regarding who can file a wrongful death suit, what your family stands to recover, or how a Wrongful Death Lawyer in O’Fallon can help your claim, please call our Personal Injury Law Firm at 1-314-542-2222, or fill out this contact form HERE.
Burger Law Practice Areas
We also provide legally counseling and guidance to these areas of personal injury law: