Not every fatal accident leads to an immediate death. In some cases, victims survive for days, weeks, or even months after the crash, fall, or workplace incident that caused their injuries. This situation raises important legal questions for families throughout Illinois. What claims can be made, and how are they different from those in cases where death occurs right away?
With many decades of combined experience and millions in successful verdicts, the Palatine personal injury attorneys at Newland & Newland, LLP understand how Illinois law handles these complex cases. You do not need to try to solve these thorny legal issues on your own.
Survival Actions in Illinois
If an accident victim survives for a period of time before passing away, their estate may bring what is called a survival action under the Illinois Survival Act (755 ILCS 5/27-6). A survival action allows the estate to pursue the same claims the victim could have brought if they had lived.