Survival Action Lawyer in Mount Vernon, IL

Survival action lawyer in Mount Vernon, Illinois. If someone you love passed away after getting injured because of someone else's negligence, one can still seek justice and a comprehensive financial compensation with Burger Law's Mount Vernon, 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.

If a family member is fatally injured since another person broke the rules, we can seek financial compensation for your heartache, financial support loss and funeral costs in a wrongful death lawsuit. Such action compensates families for their loved one's death. Yet, in many cases, your family member might have an pre-existing claim for injury, regardless of whether that injury resulted to their death or otherwise. Survival claims, regulated by particular Illinois laws, let personal injury claims to persist despite the passing of your family member. The intention behind survival actions is to ensure that the careless party is made accountable for their actions, and that justice is realized, in spite of the death of your hurt relative.

Burger Law is a renowned Mount Vernon, IL personal injury law firm that focuses on wrongful death and survival action claims. With our three decades of fighting for justice, we have successfully recovered over $200 million for our clients in Mount Vernon and throughout Illinois. When faced with the devastating death of a family member, the last thing you might want to contemplate is the legal process. Nevertheless, understanding your rights and the available mechanisms to seek justice is absolutely crucial. If you have lost someone you love too soon, speak with a survival action lawyer in Mount Vernon, IL today at (314) 500-HURT or contact us online for a no-cost consultation.

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

The primary objective behind survival actions is to ensure that justice is served. If an injured person is unable to pursue 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 in Mount Vernon, IL?

Although survival actions and wrongful death claims in Mount Vernon, IL may appear similar, they are intrinsically different in terms of the losses they seek to recover.

• Survival actions strive to recover the damages that the deceased could have pursued 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 exemplary damages in a survival action claim but not in a wrongful death claim.
• Wrongful death claims strive to recompense the relatives of the deceased for their sorrow. This might include funeral and burial expenses, absence of monetary help, and loss of camaraderie and advice. Compensation is provided directly to mourning loved ones.

In many cases, when an when an accident or injury leads to someone's death but the person does not die at the location, you could (and ought to) present a survival action and wrongful death claim simultaneously. As skilled Mount Vernon, IL wrongful death and survival action advocates, Burger Law can help you in managing both cases to their conclusion.

Who Can File a Survival Action Claim in Mount Vernon, 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 Mount Vernon, IL survival action attorneys can help you identify who is the personal representative in your family member's case, or appoint yourself as the personal representative if the legislation and your situation it.

Damages Available in a Survival Action Claim in Mount Vernon, IL

The financial recovery you can pursue in a survival action case in Mount Vernon, IL is similar to that of a personal injury case. Generally, your costs include:

• Medical expenses accumulated between the date of injuries and your family member's death
• Lost pay or lowered earnings if your loved one's injuries altered their ability to provide for themselves and family before their death
• Damage to property
• Pain and suffering and mental anguish caused by the injuries that your deceased experienced before death

How Much Is My Mount Vernon, IL Survival Action Claim Worth?

The total value of your survival action claim in Mount Vernon, IL is greatly reliant on the individual circumstances surrounding your family member's injuries and death. Significant factors include:

• The amount of medical attention received
• The amount of money missed out on from not being able to work
• How long your family member suffered from their injuries before they departed
• Should your loved one added to their injuries at all
• The insurance policy limits

Part of a survival action lawyer's job is to entirely calculate the range of your relative's damages and demand the full total in compensation. At Burger Law, our Mount Vernon, IL survival action and wrongful death attorneys perform a full examination into your case to ensure you are paid to the maximum degree possible.

Statute of Limitations for Mount Vernon, 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 Mount Vernon, IL

Filing a survival action claim in Mount Vernon, IL is a process that requires meticulous 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 seek advice from a lawyer specializing in personal injury or wrongful death cases. They can guide you through the legal process, make certain compliance with the statute of limitations, and advocate for your rights in court. Most accidental death and bodily harm lawyers offer free consultations, providing you no reason to not talk to an attorney before moving forward.
• File a complaint — The executor, with the assistance of legal counsel, will initiate a complaint in a Missouri court. This court filing will set forth the particulars of the matter, specify the individuals involved, and particularize the remedies desired.

Once your claim is filed, your Burger Law Mount Vernon, 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 claim for survival action in Mount Vernon, IL, and your survival action lawyer will support in pinpointing and finding the necessary evidence. This might entail:

• Medical records and bills to comprehensively document the scope of the injury and the medical care treatments required
• Wage and employment records to conclusively show lost earnings due to the harm
• Expert testimony, such statements by medical professionals, to establish the reason and extent of the harm
• Witnesses who can attest to the events related to the injury

The Importance of Legal Representation

While it is technically possible to initiate a survival action claim without an legal representative, the complications in law proceedings and procedural intricacies make it demanding if you lack legal training. An experienced attorney like those at Burger Law will provide significant assistance, advocate for your interests, and boost your likelihood of a positive outcome.

The most effective way to pursue a claim for survival action in Mount Vernon, IL? Hire Burger Law. We are determined to secure a complete economic recovery for the damages and anguish your beloved one endured. Let us handle the legal dimension of your legal matter while you and your loved ones focus on grieving and healing.

Legal Representation for Mount Vernon, IL Survival Action Claims

Grieving the passing of a person you care about is continuously demanding, and it can be made even more trying when trying to navigate complex legal matters. Initiating and winning in a claim for survival action necessitates a deep comprehension of the legal system, careful gathering of supporting documents, months, and occasionally even years of your energy, and the capability to efficiently advocate in a courtroom. Given these challenges, it is vital to seek specialized legal aid to make sure that equity is served.

Importance of Legal Representation

In claims for survival action, retaining legal representation can make a significant difference. Lawyers dedicating their practice in personal injury and wrongful death law possess the understanding and experience to handle the complexities of these claims, guaranteeing that the liable parties are made accountable and securing the highest compensation for your family. Our survival action attorneys understand the Missouri legal system completely 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 supporting our clients in dealing with the demanding journey to justice. We understand the intricacies of survival action claims, and we bring our full resolve to every lawsuit we take on. We strongly advocate in fairness and the civil court system that enables grieving kin to pursue justice. When you hire Burger Law's survival action lawyers in Mount Vernon, IL, we:

• Provide an extensive understanding of the law and the highest level of legal counsel
• Evaluate and construct your lawsuit with careful examination and systematic planning
• Take care of all legal processes, discussion, and court proceedings on your behalf
• Champion for your rights and interests in a courtroom
• Provide compassionate emotional support as you and your family face this trying time

Let Us Help You

If you think you have a survival action claim in Mount Vernon, IL, call Burger Law at (314) 500-HURT right away. We offer a complimentary first consultation to discuss your case, review your options and elaborate on how we are determined to fight for your family. You do not pay until we win your case. Let us assist you in seeking the justice that your cherished ones merit. Contact us today to initiate the process.

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

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

Survival action claims serve as a critical legal recourse to ensure justice amidst an untimely passing. With Burger Law's assistance, you and your Mount Vernon, IL family can seek the justice and maximum financial recovery that your loved one was owed. Speak with an experienced Mount Vernon, IL survival action lawyer today at (314) 500-HURT or fill out our online contact form for a complimentary consultation.