Waukegan Survival Actions Lawyer

Losing a beloved family member is a traumatic event under any circumstance, but it can be especially difficult after learning their death was preventable. If your loved one lost their life due to someone else’s negligence, you might be entitled to recover compensation through a survival action.

A Waukegan survival actions lawyer can investigate the circumstances of your family member’s passing and advise you of your legal options. With the help of a dedicated wrongful death attorney, you may be able to secure a measure of justice from the responsible parties.

Common Incidents That Lead to Survival Actions

The reality is that not every death will make for a viable survival action. To have a claim for compensation, there must have been an element of negligence that lead to your family member’s passing. While this can happen under a variety of circumstances, some situations are more likely than others to lead to a viable claim:

One of the benefits of working with our Waukegan attorneys is learning more about when these losses can lead to a case for survival action damages.

What Is the Difference Between Survival Action and Wrongful Death Claims?

In Illinois, families who lose a loved one due to negligence may pursue both survival actions and wrongful death claims, but these two types of cases address different aspects of the loss. A Waukegan survival action attorney can help you understand how the two differ.

A deceased person’s estate has the right to file a survival action. It allows the estate to recover damages that the individual could have claimed had they survived the accident. This may include medical expenses incurred before death, lost wages during the period between the injury and death, and compensation for the pain and suffering the individual endured. The recovery from a survival action becomes part of the estate and is distributed according to the will or state intestacy laws.

A wrongful death claim, on the other hand, compensates surviving family members directly for their own losses. These damages may include the loss of financial support, companionship, guidance, and emotional suffering caused by the death.

Together, survival actions and wrongful death claims provide a more complete path to justice by addressing both the losses suffered by the deceased before passing and the continuing losses endured by the family.

Survival Actions and the Statute of Limitations

Survival actions must be filed within specific time limits set by the statute of limitations. Generally, a survival action follows the same deadline that would have applied if the injured person had lived and filed the claim themselves. For most personal injury claims, this means a two-year limit from the date of the injury.

These rules are strict, and missing the deadline can prevent the estate from recovering damages. While there can be exceptions that extend this deadline, they are only available under limited circumstances. A survival actions attorney can ensure that you comply with this important time limit.

Talk to a Waukegan Attorney Today About Survival Actions

If your family member has passed away due to the carelessness of another individual or entity, it may be time to consider your legal options. Our Waukegan survival action lawyers can investigate the facts, determine if negligence played a part in your family member’s death, and help you navigate the court system in pursuit of justice.

You deserve the support of a team that will advocate on your behalf every step of the way. Reach out to our bilingual staff as soon as possible to discuss your options.