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As a general rule, legal causes of action for negligence that resulted in personal injuries cannot be filed after a victim has died. However, the Illinois Survival Act provides a separate cause of action for the estate, distinguished from any wrongful death case the estate may also bring under Illinois’ Wrongful Death Act.
Survival Act cases occur under a variety of circumstances. Many cases arise as the result of fatal vehicle accidents. They may also occur as the result of negligence from a property owner’s failure to fix personal injury risks. Financial compensation obtained belongs to the estate. It is imperative to hire a Chicago survival action lawyer to handle this particular case in your time of grief.
Our caring wrongful death attorneys help representatives of an estate bring a legal case for compensation against the person or institution whose negligence caused injuries before the person’s death. The survival action allows the estate to demand financial compensation as if the person were still alive, covering injuries from the date of the injury until the date of death.
Illinois state law sets a time limit on how long the estate is given to bring a survival action. This time limit is known the Statute of Limitations. In most cases, an injured person must file the personal injury case within two years of the date of the injury. If the case is not filed within this time period, the estate is barred from recovery.
Exceptions apply to the statute of limitations applicable to the Illinois Survival Act, and a Chicago-based survival actions attorney could determine how they apply to the estate’s case. Exceptions to the two-year rule include:
Selecting the right lawyer is critical to understanding the various laws that apply to a particular case.
The executor of the deceased’s estate may demand financial compensation for all medical expenses, lost wages, funeral, and burial/cremation costs. However, unlike with a typical personal injury claim, pain and suffering and emotional distress are not available under the law.
We invite the estate’s representatives to contact McCready Law to schedule a free consultation with one of our experienced Chicago survival action lawyers. We will review the particular circumstances of the deceased’s accident, investigate the injuries, interview witnesses, and preserve evidence for trial. We can also review the negligent actions (or inactions) of the responsible person. We will then provide the best pathway forward to obtain the financial compensation your family needs to move forward in financial security.
Call today for a free consultation.