Q: Is it possible for the same person to file for a wrongful death and survival action lawsuit?
A: It is possible, but it is a very fact specific determination that truly requires the assistance of an attorney. If you believe you have a wrongful death and/or survival action lawsuit with merit, consult with an attorney immediately. Many of us offer free consultations, and will represent you on a contingent basis, so it will not cost you anything out of pocket to obtain the guidance and representation of an experienced attorney who handles these cases for a living. The opposition will not take you seriously unless you are represented by counsel, so I recommend acting quickly so all steps are taken properly.
A: Yes. This assumes that the plaintiff bringing the lawsuit has some relationship with the decedent; next of kin, heir. Survival actions are for the pain and suffering the decedent endured before death. That piece of the lawsuit belongs to the estate of the decedent, whereas the wrongful death award, judgment belongs to the next of kin, which should there be an award, verdict, settlement, could be distributed differently, than the Survival count under the Illinois Wrongful Death Act.
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