Illinois Survival Action Lawyer

When you lose a loved one because of someone else’s reckless or negligent behavior, you are likely in a severe state of shock and uncertainty. You need to speak with a calming and experienced lawyer at McCready Law immediately. Making a survival action claim with our lawyers in Illinois is the best way to get the justice you deserve.

McCready Law has decades of experience successfully handling survival action and wrongful death cases. Our compassionate and knowledgeable legal team has recovered millions of dollars in verdicts and settlements for individuals and families who have suffered through the loss of a loved one throughout Illinois.

What is Survival Action in Illinois?

According to the Illinois Survival Act, 755 ILCS 5/27-6, a survival action is a legal claim that arises when an individual sustains injuries prior to their death that ultimately lead to their death, and the claim survives to be pursued on behalf of the deceased’s estate. The purpose of such a claim is to seek compensation for damages that the deceased could have claimed if they were still alive.

We can help you and your family in this time of need and uncertainty. Call us today or reach out to one of our attorneys online for a free, no-obligation case review.

Who Can File a Survival Action Claim in Illinois?

Survival actions must be filed by the personal representative of the deceased estate, also known as the executor of the estate. Your loved one or family member may have appointed the executor of their estate in their will prior to their death. However, if they did not appoint an executor or there is no will, Illinois courts can appoint one on behalf of the estate.

Although this appointee is normally a family member of your loved one, an executor could be an individual, a bank or a trust company. The executor must be a resident of the United States, but does not have to be an Illinois resident, and must be at least 18 years old and of sound mind.

What Types of Damages Are Possible in an Illinois Survival Action Claim?

Compensation in Illinois survival actions is based on the injuries your loved one sustained in the time between the accident and their death. Any compensation recovered goes to the estate. It can be disbursed to beneficiaries according to the terms of the will or, if there is no will, the laws of intestacy in Illinois.

Some common types of recoverable damages in a survival action include:

• Conscious pain and Suffering
• Lost Wages
• Medical Bills
• Damaged Personal Property

What Are the Differences Between a Wrongful Death and a Survival Action Case in Illinois?

Unlike wrongful death cases, which center around what you and your family have lost as a result of your loved one’s death, survivor action claims focus on the damages sustained by your loved one between the event that caused their injuries and the time of their death. The first significant difference between the two is who receives compensation. The payment for a survival action goes to your loved one’s estate, while in a wrongful death case it goes to the spouse, children and other family members.

The second difference is the fact that, in a survival action claim, the compensation is based on your loved one’s injuries before their death, while in a wrongful death case the damages are based on what the family incurred after the death. While it is a subtle distinction, a knowledgeable attorney can answer any questions you may have. Call us right away to discuss the specifics of your case.

The Illinois statute of limitations differs slightly. In general, wrongful death claims must be filed within two years from the date of the death. But, 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 Can a Survival Accident Lawyer Help My Case in Illinois?

A lawyer can play a crucial role in your survival action case in Illinois. Our experienced legal team can provide:

• Legal expertise. Survival action cases can be complex and require a deep understanding of personal injury and wrongful death laws. A survival action attorney in Illinois has the knowledge and expertise to navigate the legal system, ensuring that your case is handled properly.
• Identifying liable parties. Our legal team will investigate the circumstances surrounding the injury and death to identify all potentially liable parties. This could include individuals, companies or institutions whose actions or negligence contributed to the injuries and, ultimately, the unfortunate death. The loss of a loved one is immeasurable. You should not have to go through it alone.
• Collecting evidence. Investigating thoroughly and gathering evidence is crucial to building a strong survival action case. Our lawyers are experienced in collecting and analyzing various forms of evidence, including medical records, witness statements, accident reports and expert testimonies to establish liability and damages.
• Calculating damages. Determining the appropriate amount of damages in a survival action case can be challenging. We will assess all relevant factors in your claim, such as medical expenses, lost wages, pain and suffering as well as loss of consortium, to arrive at a fair and complete compensation amount.
• Filing and managing paperwork. An Illinois survival action case involves significant paperwork, including court filings, legal documentation and correspondence with the relevant parties. Left on your own, you may find some of this insurmountable. We handle all necessary paperwork efficiently and keep you updated throughout the process.
• Negotiating with insurance companies. Insurance companies may be involved in your case, representing the liable parties. Insurance companies employ various tricks and tactics to do whatever they can to avoid paying the settlement you deserve. Don’t get tricked. You owe it to yourself to hire a capable law firm to defend against their tactics.
• Litigation and trial representation. If a fair settlement cannot be reached through negotiation, we will be prepared to take the case to court. We will represent your interests in litigation and present a compelling case to the judge and jury based on our evidentiary findings.
• Providing support and guidance. This might be the most important assistance our lawyers provide. Going through a survival action claim in Illinois can be emotionally challenging, especially when dealing with the loss of a loved one that was completely avoidable. This should not have happened. We can provide valuable support and guidance throughout the process, alleviating some of the burdens associated with the legal proceedings.

Reach Out to a Compassionate, Experienced Survival Action Attorney in Illinois

If you believe you have a survival action case in Illinois, it is crucial to consult with an experienced attorney who can provide help and compassion, yet tenacious legal representation. We have extensive experience helping Illinois families recover compensation for the loss of a loved one due to the carelessness and recklessness of someone else. We are here to help.