If you know someone that has lost a loved one in a wrongful death accident an injury can be seen as a stroke of luck. That is, if you are fortunate enough to survive a serious accident, you can collect benefits that cover medical expenses and more. For the victim of a negligent act that results in death, his or her loved ones and beneficiaries have to seek compensation on their behalf. Claims can be taken out against anyone who is culpable for the accident in question, from individuals to corporations and everything in between.
At I Am Calling My Lawyer, our Chicago wrongful death attorneys are compassionate, experienced advocates for families. While we understand that nothing could truly make up for such a devastating loss, we are here to take care of your legal needs and help your family fight for justice and financial support. If your family member was killed due to the carelessness or recklessness of another party, our legal team is here as a resource. For a free, strictly confidential consultation with an Illinois wrongful death lawyer, call our Schaumburg office at (888) 841-4878 or send us a message through our website.
Tragically, fatalities can occur in a wide variety of different accidents. At I Am Calling My Lawyer, our Schaumburg, IL-based legal team has the skills and experience to represent your family in the full spectrum of wrongful death cases. We can help if your loved one was killed as a result of:
As the victim in question is unable to represent themselves, a wrongful death suit must be filed by a person who is directly and adversely affected by this death to a measurable degree. Pursuant to Illinois state law, a wrongful death claim and/or lawsuit should be filed by a “personal representative” of the deceased. This could include:
Notably, parents can also sue for the death of their unborn child if the hospital was responsible. If you have questions about who should file the wrongful death claim on behalf of your loved one, please do not hesitate to reach out to our Chicago, IL wrongful death lawyers for immediate help.
Similar to most personal injury lawsuits, wrongful death claims arise under state law. In Illinois, these cases are governed by the state’s Wrongful Death Act (740 ILCS 180/). Illinois law defines wrongful death as one that occurred because of negligent actions or inactions. The defendant in a wrongful death suit largely depends on the context of the accident.
As an example, in a car accident, anyone from the driver, the driver’s employer, or the automobile manufacturing company can be held liable depending on where the negligence is found. If a drunk driver caused a fatal crash, they should be held legally responsible for the trauma suffered by the family of the victim through a wrongful death lawsuit.
Similarly, medical malpractice claims can be brought against any party whose negligence contributed to the patient’s untimely passing. This could include a nurse, doctor, or hospital for surgical errors, misdiagnosis, or other acts of serious negligence. Depending on the accident, it is important to seek legal counsel to determine who is responsible for your claim.
Wrongful death claims cover everything a personal injury suit addresses and more. The key difference is that this type of claim is meant to compensate the immediate family members and dependents of the victim. Through a wrongful death lawsuit, a family may be entitled to recover financial compensation for:
The amount you receive is largely determined by your financial dependence on the deceased at the time of the accident. Wrongful death compensation is notoriously difficult to determine. After all, how can you put a dollar value on someone’s life? Sadly, defendants and insurers are notorious for undervaluing these cases. Our Chicago wrongful death lawyers help families fight for justice.
Wrongful death lawsuits in Illinois are subject to a statutory filing deadline. In most cases, the statute of limitations is two years from the date of the death of the victim. There are few exceptions to this rule. What happens if the statute of limitations expires? It could mean that your family will lose its right to take the case to court.
As wrongful death cases are among the most complex types of legal claims, you should not wait to get started with the process. Call an experienced wrongful death lawyer who can review your case, initiate a comprehensive investigation, and explain exactly what you need to do to move the process forward. Your family deserves justice.
Did some time lapse between the accident and your loved one’s passing? If so, then your family may want to seek additional compensation through a counterpart to a wrongful death lawsuit called a ‘survival action claim’. A survival action claim is meant to ensure that any personal injury claim that the victim would have had “survives” their death so that the negligent defendant can be held accountable.
As an example, imagine that your family member was severely injured in a crash with a distracted driver. They are transported to a nearby emergency medical center. Tragically, a few weeks later your loved one succumbs to their injuries. During those last few weeks, your family member was forced to endure immense pain and suffering. A survival action claim allows your family to pursue justice and compensation for their pain and suffering. You can file both a wrongful death lawsuit and a survival action claim. It is not an either/or proposition.
The wrongful death claims process is complicated. For a grieving family, going up against a large corporation or big insurance company can be downright overwhelming. At I Am Calling My Lawyer, we are dedicated to getting justice for families. When you call our Schaumburg law office, you will have an opportunity to consult with an Illinois wrongful death attorney who will:
Grieving families deserve the highest level of personal service and professional representation from their wrongful death attorneys. With a record of successful results, you can rely on our firm to help you fight for justice. We handle wrongful death claims on contingency. Our clients never pay anything until we help them recover financial compensation.
At I Am Calling My Lawyer, our Chicago wrongful death attorneys are compassionate, reliable advocates for people and families. If you lost a loved one due to the negligence of another party, we are here to help. Contact us at (888) 841-4878 for a free, confidential consultation with an experienced wrongful death lawyer. With a law office in Schaumburg, we provide legal services to families in Rolling Meadows, Arlington Heights, Palatine, Elk Grove Village, Streamwood, Hanover Park, Roselle, Hoffman Estates, and beyond.