Wrongful Death Lawyers in O'Fallon, IL

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Wrongful Death Lawyers in O'Fallon, IL

Wrongful death lawyers in O'Fallon, IL. The heartbreak and devastation of losing a loved one because of the negligent, careless behavior of another person or business in O'Fallon, IL can only be thought of as unbearable. Burger Law is here to do everything in our power to provide some semblance of comfort, because we realize the pain and shock that you and your family are going through in O'Fallon, IL. While no financial sum can bring back your lost loved one, our O'Fallon, IL wrongful death lawyers can help your family cope with the financial hardships you may be experiencing, along with providing some justice. Call us now at (314) 500-HURT or reach out to us online for a no-cost, confidential, no-obligation case review.

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We know firsthand that wrongful death claims in O'Fallon, IL are never easy. In a perfect world, negligent acts would never happen. But they unfortunately do, and Burger Law is by your side to help fight to ensure the business or individual responsible for your loved one’s death is held accountable to the fullest extent of the law. We will never settle for anything short of the best possible recovery in O'Fallon, IL for you and your family, and neither should you.

The Burger Law legal team fights for your rights and demands the best recovery possible in your O'Fallon, IL wrongful death case. Our knowledgeable and tenacious lawyers have successfully recovered $200 million in settlement and trial results for our clients, including a multi-year legal fight resulting in a trial verdict of $113 million. We do not charge any fees unless we win your family’s claim in O'Fallon, IL.


Burger Law’s Successful Illinois Wrongful Death Claims

Burger Law’s Successful Illinois Wrongful Death Claims

We believe that results matter to our clients at Burger Law. We realize that no dollar amount is going to ease the death of your loved in O'Fallon, IL. However, we are investing 100 percent of our efforts and resources toward fighting on behalf of your loved one. You deserve to know that the compensation we secure can help lessen the burden of paying for medical bills and funeral costs. The following are some of the successful wrongful death cases we have worked:

  • Truck Accident Wrongful Death Claim – In this claim, we held the business liable for the actions of their truck driver and were able to win a great settlement for our clients, as well as handle the family's probate matters in order to protect their recovery.
  • Medical Malpractice Wrongful Death Claim – In this suit, we showed that the doctor/provider neglected to perform tests necessary to our client’s symptom and did not take the symptoms seriously.
  • Nursing Home Negligence Wrongful Death Claim – On occasion a person will pass years after an accident. A complication may arise after the accident that would not have happened had the accident not occurred. Here, we made sure that the nursing home was held entirely responsible for the injuries they caused to our client, and the sickness that led to her death.
  • Wrongful Death due to Fentanyl – This drug, in large amounts, can be fatal. The company failed to disclose to users that fentanyl patches could introduce possibly fatal levels of the drug into the bloodstream. We were able to prove that the company, Janssen Pharmaceuticals, acted negligently, and were able to settle the claim for a substantial, confidential amount.
  • Car Accident Wrongful Death Claim – In this suit, we fought hard for a mother and her three sons to ensure they were given the compensation and care that they deserved and needed after the loss of their father when a first responder vehicle collided with their car.

Our firm has also been involved in several opioid overdose wrongful death claims. The opioid epidemic is ravaging the United States. Medical professionals often receive financial kickbacks for prescribing opioids, and therefore prescribe the dangerous drugs more often. 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:


How Does Illinois Law Define Wrongful Death in O'Fallon, IL?

How Does Illinois Law Define Wrongful Death in O'Fallon, IL?

According to 740 Illinois Compiled Statute 180/1, a wrongful death happens when a person dies as a result of another party’s “wrongful act, neglect or default.” A O'Fallon, IL wrongful death lawsuit can be brought in any circumstance where the individual could have brought a personal injury lawsuit had he or she lived.

Under 740 ILCS 180/2, wrongful death lawsuits must be filed within two years of the date of the individual’s death. Yet, if the individual died as a result of “violent intentional conduct,” referenced in Molly’s Law, the claim must be brought within five years of the date of the death.

A wrongful death claim may be brought one year after a criminal suit is finished if the individual who caused the wrongful death was charged with any of these crimes in relation to the wrongful death:

  • First- or second-degree murder
  • Intentional homicide or voluntary manslaughter of an unborn child
  • Involuntary manslaughter or reckless homicide
  • Involuntary manslaughter or reckless homicide of an unborn child
  • Drug-induced homicide
Who Can File a Wrongful Death Claim in O'Fallon, IL?

Who Can File a Wrongful Death Claim in O'Fallon, IL?

A wrongful death claim can only be filed by a personal representative of the deceased, according to the Illinois Wrongful Death Act in O'Fallon, IL. If the decedent has a accurate will that names an executor, then the executor is considered the personal representative. However, if the decedent does not have a will or their will is considered inaccurate, then the court appoints an administrator that is typically recommended by an interested party. The process of selecting this administrator is governed by the Illinois Probate Act. While a court may select any individual as administrator, the Probate Act gives preference to family members and others in the following order:

  • Surviving spouse
  • Legatees
  • Children
  • Grandchildren
  • Parents
  • Brothers and sisters
  • Nearest kin
What Are My First Steps in a Wrongful Death Claim in O'Fallon, IL?

What Are My First Steps in a Wrongful Death Claim in O'Fallon, IL?

The first thing you need to do is, at the very least, have a conversation about the specifics of your claim with a qualified O'Fallon, IL wrongful death lawyer. You can do that for free right now at (314) 500-HURT or reaching out to us online for a no-obligation, confidential consultation.

The Burger Law wrongful death lawyers in O'Fallon, IL recognize that the main goal of any family that loses a loved one is to seek justice. We get it. But, it is equally important to seek damages for your substantial losses – financial or otherwise – right now, as you only have one chance to make the person or business who caused the wrongful death of your loved one pay for their negligent behavior. Our talented and aggressive lawyers stand in your corner, working with you throughout the following parts of your O'Fallon, IL wrongful death claim:

Investigation to make your case. This is Allow your Burger Law wrongful death lawyer in O'Fallon, IL to deal with all the administrative and other facets of your case so you can focus on the things that matter to you and your family. We have a completely staffed firm of legal professionals who can handle filing the necessary paperwork, speaking with the defense and any other parties involved and any other clerical tasks.

Know the entire value of your claim. As an experienced lawyer who has been handling cases like yours for over 20 years, your Burger Law wrongful death attorney in O'Fallon, IL knows how to properly calculate the entire value of your suit. Without this know-how, it is next to impossible to fully know the monetary value of damages like pain and suffering, mental anguish and loss of consortium. Even when it comes to economic damages like medical bills and loss of income and benefits, your aggressive wrongful death lawyer will make sure that each and every dollar is accounted for and that you and your family are pursuing what your claim is truly worth in O'Fallon, IL. This also includes negotiating a settlement with the defense and taking your case to trial in front of a jury of your peers, if necessary. The trial and litigation experience of your O'Fallon, IL wrongful death lawyer greatly boosts your chances of winning your wrongful death claim.

Offer guidance and support. {Being present and available in O'Fallon, IL is one of the most important your lawyer can do for you. We recognize that this is an incredibly trying time. You have lost a loved one tragically and suddenly, and now you have to deal with the legal process of your wrongful death suit. We are here to make it as easy as possible for you in O'Fallon, IL. The O'Fallon, IL wrongful death lawyers of Burger Law understand that sometimes what you need from us most is encouragement, a kind word or a hand to hold, and we take our job of representing and counseling mourning families very seriously.

What Are Some Examples of a Wrongful Death Case in O'Fallon, IL?

What Are Some Examples of a Wrongful Death Case in O'Fallon, IL?

Burger Law’s wrongful death attorneys have over two decades of proven experience in wrongful death lawsuits and have helped many family members in O'Fallon, IL and throughout Illinois get the best possible compensation to lessen the pressure and uncertainty they face following their sudden, substantial loss. Our O'Fallon, IL wrongful death attorneys have successfully taken on all kinds of suits, including:

  • Car accidents in O'Fallon, IL are one of the most common causes of death, and can come either from driver negligence or road issues.
  • Medical malpractice cases near O'Fallon, IL often have to do with the failure to properly diagnose an issue or misdiagnosis, but can also involve errors in surgery and other problems.
  • Construction site and workplace accident claims near O'Fallon, IL involve deaths that occur at high-risk jobs, particularly if safety precautions were not properly observed.
  • Product defects that result in the death of a loved one often warrant a O'Fallon, IL wrongful death suit, and can deal with anything from toxic foods to dangerous toys.
  • Truck accidents in O'Fallon, IL are different from auto accidents in that trucks can weigh up to 80,000 pounds, as much as 20 to 30 times more than a standard vehicle, and cause death with more frequency.
  • Pedestrian accident suits near O'Fallon, IL can involve driver negligence, but also occasionally deal with issues with roads which are maintained by O'Fallon, IL or the nearby county.

These are only common examples of wrongful death cases near O'Fallon, IL. If you have any questions about the validity of your claim, give Burger Law a call right away at (314) 500-HURT or fill out our online contact form. It costs nothing to speak with our top-ranked O'Fallon, IL wrongful death lawyers for a consultation. There is no fee unless we win your case.

How Will a Wrongful Death Lawyer Prove My Claim in O'Fallon, IL?

How Will a Wrongful Death Lawyer Prove My Claim in O'Fallon, IL?

As the plaintiff in a wrongful death case, you must show that the defendant owed your loved one a duty of care, and prove that their negligence in that duty caused your loved one's death in O'Fallon, IL. In order to make sure that you and your family have a legitimate claim, and for the greatest likelihood of winning a wrongful death suit and recovering damages for your claim, you need to speak with an experienced O'Fallon, IL wrongful death lawyer at Burger Law based in Chicago right away.

In proving your O'Fallon, IL wrongful death case, you must show the following facts are true:

  • The decedent was owed a duty of care.

    This means the defendant owed a specific duty to the victim. In a O'Fallon, IL car accident, it is automatically accepted that motorists owe their fellow travelers a duty to operate a vehicle safely and do their best to keep other drivers, passengers, and pedestrians from harm. {Doctors, nurses, and other medical professionals owe a duty to treat their patients as effectively as possible in all O'Fallon, IL medical situations. Consumer product manufacturers are supposed to build and release consumer goods and products that have the slightest risks to users, and any hazards in using the product should be adequately stated throughout the O'Fallon, IL area.

  • There was a breach of this duty of care.

    The next fact you must demonstrate is that the defendant behaved in a way that violated that responsibility in O'Fallon, IL, a breach of duty. This is where negligence is found. This occurs when an intoxicated person makes the decision to operate a motor vehicle or when a doctor or other medical professional fails during an operation.

  • This breach caused the death of your loved one.

    Now, you must prove fault and causation. Essentially showing that, if the defendant had not done what they did in O'Fallon, IL, the decedent would almost certainly still be living. Your O'Fallon, IL wrongful death lawyer will likely consult and pursue testimony from experts like medical professionals or coroners who can determine the cause of the death and how particular conditions and injuries influence an individual's capability to survive.

  • The defendant's negligence caused damages.

    Finally, to win your O'Fallon, IL wrongful death claim, you must show how the defendant's behavior has affected you. A skilled wrongful death attorney in O'Fallon, IL will figure the whole value of your damages and negotiate appropriate financial compensation for you and your family. Burger Law's wrongful death attorneys have experience in wrongful death cases similar to yours in O'Fallon, IL, and understand how to value your damages and negotiate an excellent recovery.

Call Burger Law right away at (314) 500-HURT or contact us online.

Learn more about the other kinds of cases we win for our O'Fallon, IL clients by clicking below.

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What Damages Can My O'Fallon, IL Wrongful Death Lawyer Help Recover?

What Damages Can My O'Fallon, IL Wrongful Death Lawyer Help Recover?

Surviving family members can struggle to stay afloat financially, after the death of a loved one near O'Fallon, IL. Funeral costs and medical bills may be too much and families can find it difficult to make ends meet in O'Fallon, IL. If you and your family fail to file a wrongful death suit in O'Fallon, IL, you will be responsible for covering the expenses with your own money, which may not be enough. Favorably, a solid wrongful death case headed by a seasoned O'Fallon, IL wrongful death attorney from Burger Law will have a good likelihood of recovering some of these costs as damages. Under Illinois law, you and your family can seek a variety of damages, and there are no caps on damages. These damages are classified in O'Fallon, IL as:

  • Economic: expenses that are measurable dollar amounts, such as treatment costs, medical bills, funeral expenses and loss of income and benefits
  • Non-economic: other non-quantified damages, like mental anguish, loss of guidance and loss of companionship
  • Survival: damages sustained from the accident but prior to their death, such as pain and suffering because of their fatal injuries

To receive the complete damages you and your family are entitled to, you must hire an experienced and skilled O'Fallon, IL wrongful death attorney from a trustworthy firm. The O'Fallon, IL wrongful death attorneys of Burger Law are committed to fighting for you and your family and demanding the best recovery possible on the heels of your terrible loss. We will not stop until we have helped you recover any applicable damages in O'Fallon, IL, including:

  • Loss of income
  • Reduced capacity for future income
  • Loss of benefits
  • Loss of companionship
  • Loss of instruction to children
  • Guidance
  • Counseling
  • Funeral Expenses
  • Burial costs
  • Medical expenses
  • Treatment costs
  • Pain and suffering
  • Mental anguish

We know that your loved one's passing is hard. We want to help you and your family receive the best possible recovery under Illinois law. You and your family deserve to have your needs and concerns met. We are here to help, whenever you are ready to talk. Call (314) 500-HURT or contact our O'Fallon, IL wrongful death lawyers based in Chicago.


Reach Out To a Burger Law Wrongful Death Lawyer in O'Fallon, IL

Receive a Free, Confidential Case Review Today

Reach Out To a Burger Law Wrongful Death Lawyer in O'Fallon, IL

Burger Law knows how overwhelming the loss, and we recognize the fear and unknowns associated with your loss. When you hire a Burger Law O'Fallon, IL wrongful death lawyer, we stand by your side and fight to preserve the memory of your loved one and the future of your family. We refuse to settle for anything less than the best possible recovery, and so should you. We can help you and your family get the justice, compensation, and recovery you deserve in O'Fallon, IL.

Give a Burger Law O'Fallon, IL wrongful death lawyer a call right away at (314) 500-HURT or contact us online for a free, confidential consultation. We do not charge any fees unless we win your family’s suit.

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