Few families are prepared to lose a loved one due to someone else’s wrongful actions. In the wake of a devastating loss, surviving family members often have the right to demand answers and accountability from the at-fault party.
A survival action is often the best way to get the answers and justice you deserve if you’ve lost someone close to you. The Chicago injury lawyers at Salvi, Schostok & Pritchard P.C. have spent more than 40 years fighting for the rights of those who’ve lost loved ones in avoidable accidents in our community. Here, we’ve provided crucial information on who can file a survival action, what you could recover, and how our team could help.
What Is a Survival Action?
A survival action is a type of personal injury claim in which the plaintiff seeks compensation for the injuries someone suffered in a fatal accident. In essence, a survival action is a lawsuit the injured party would have filed had they not succumbed to their injuries. In some cases, the injured party may have filed a lawsuit prior to their death, and a survival action allows that lawsuit to continue for the benefit of the deceased’s estate.
Who Can File a Survival Action?
According to the Illinois Survival Act, survival actions must be filed by the personal representative of the deceased’s estate, also known as the executor of the estate. If the deceased did not name a personal representative of their estate, the court can appoint a personal representative. That individual could then file a survival action on behalf of the deceased.
Who Gets the Money from a Survival Action?
Any compensation recovered from a survival action goes to the deceased’s estate. It can be disbursed to the deceased’s beneficiaries according to the terms of the deceased’s will, or, if there is no will, the laws of intestacy.
What Damages Can You Seek in a Survival Action?
Compensation in survival actions in Illinois is based on the injuries the deceased suffered in the time between the accident and their death. Through a survival action, the deceased’s estate can recover compensation for:
- The deceased’s medical bills
- The deceased’s lost wages
- The deceased’s pain and suffering
- The deceased’s damaged personal property
Differences Between a Survival Action and a Wrongful Death Case
There are two critical differences between a survival action and a wrongful death suit in Illinois. The first difference is who receives any compensation recovered from the lawsuit. The payment from a survival action goes to the deceased’s estate, while the compensation from a wrongful death suit goes to the deceased’s spouse, children, and other family members.
The second significant difference between a survival action and a wrongful death lawsuit is who is being compensated for what injuries. In a survival action, the compensation is based on the deceased’s injuries before their death. But in a wrongful death lawsuit, the award is based on the damages the deceased’s family incurred after the deceased died. This is a subtle but crucial distinction. An experienced wrongful death lawyer can help you determine your options if someone in your family died because of someone else’s negligence.
How Salvi, Schostok & Pritchard Can Help
If someone in your immediate family died in an accident, a few ways the wrongful death lawyers at Salvi, Schostok & Pritchard can help with your case are:
- Investigating the accident to determine the full extent of the losses suffered by you and the deceased
- Gathering evidence to show how the defendant caused the accident
- Reviewing the deceased’s insurance coverage to maximize the potential value of a wrongful death claim or survival action
- Handling settlement negotiations with the insurance companies to fight for fair compensation on your behalf
- File a lawsuit and seek compensation in court, if necessary
The Illinois personal injury attorneys at Salvi, Schostok & Pritchard P.C. have extensive experience helping families recover fair compensation for the untimely loss of a loved one. We know the tremendous grief you’re experiencing, and we’re here to provide knowledgeable counsel, compassionate guidance, and aggressive legal representation. Contact us by phone at (312) 372-1227 or through our online form today for a free consultation with a knowledgeable and compassionate member of our team.
