An Introduction to the Illinois Survival Act

by | Oct 12, 2017 | Attorney

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As is, the death of a family member is already a traumatic and unfortunate experience. The impact of the event is more severe if a family member counted on the deceased for support while they were alive. In Illinois, it may be possible for that family member to file a wrongful death action, but only if the death was because of negligence. If the negligence caused a vehicular accident, then working with Lindenhurst auto accident lawyers who have experience with wrongful death actions offers the best chance for compensation.

The Rights of the Victim

There is a different Illinois law known as the Survival Act which may be utilized as well. While a wrongful death action provides compensation for family members of the victim, the Survival act is used to receive compensation that would have been owed to the deceased. This act is meant to protect the rights of the deceased and the wrongful death action is meant to protect the rights of their relatives.

Compensation to the Estate

As with a wrongful death action relating to a vehicular accident, you would still work with Lindenhurst auto accident lawyers who have experience with these types of cases. Their goal is to defend the rights of the deceased in court. The compensation that would have been owed to the deceased is instead provided to their estate. This can include compensation for pain, suffering, medical expenses, lost wages, and damage to property.

A Complex Branch of Law

Wrongful death actions and the Illinois Survival Act both operate in a complex branch of law. It often intertwines with other specialties. Lindenhurst auto accident lawyers are most adept at handling cases where the negligence occurred while driving. Of course, it’s imperative that you make sure the lawyer has experience handling cases involving the Survival Act or wrongful death actions.

The Law Offices of Robert T.Edens, P.C. is a law firm in Illinois with office locations in Chicago, Antioch, Grayslake, Waukegan, Woodstock, and Libertyville. They often handle personal injury and workers’ compensation cases. This can include cases involving auto accidents, dog bites, malpractice, or wrongful death.

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