Chicago Wrongful Death Lawyer

If you recently lost a family member due to someone else’s negligent actions, secure your financial future by reaching out to a wrongful death attorney at Lane Brown, LLC for help.

The untimely passing of a loved one is an experience everyone hopes to avoid, but sometimes, other people’s carelessness forces you to face the unimaginable.

When that happens, the person whose negligent actions led to your loved one’s death must be held accountable both legally and financially. To accomplish this, you need to file a wrongful death claim.

For help with your claim and getting the compensation you deserve, reach out to a Chicago-based wrongful death lawyer at Lane Brown, LLC. We’ve helped countless people through this difficult time and won millions of dollars in compensation for our clients.

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• How Illinois Defines Wrongful Death
• Civil Court vs. Criminal Court for Wrongful Death Cases
• Who Is Eligible for Wrongful Death Compensation in Illinois?
• Illinois Statute of Limitations for Wrongful Death Claims
• Common Causes of Wrongful Death
• Damages You Can Be Compensated for During a Wrongful Death Claim
• Providing Expert Legal Support in Chicago and Across Illinois
• Work With a Chicago Wrongful Death Attorney

How Illinois Defines Wrongful Death

The Illinois wrongful death statute states that any “wrongful act, neglect, or default” that results in the death of another is grounds for a claim—the key point being that if it weren’t for the actions of the liable party, the deceased would still be alive today.

In many ways, wrongful death claims are essentially personal injury claims filed on behalf of the decedent. The difference between the two is that personal injury claims are filed by the person who was harmed, and wrongful death claims are filed by the personal representative of the decedent’s estate for the benefit of the surviving family members.

If you aren’t sure whether you have grounds for a wrongful death lawsuit, speak with a fatal accident attorney. Whether your loved one suffered through a bicycle accident, medical malpractice, drunk driving incident, or another type of accident, a wrongful death attorney can help you take the right steps forward.

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Civil Court vs. Criminal Court for Wrongful Death Cases

You may be wondering why you need to file a civil wrongful death claim, especially if there is already an ongoing criminal case. This is because in civil court, you are going to be seeking compensation for the loss you suffered and the harm inflicted upon your deceased family member.

During a wrongful death claim in civil court, you’ll work with your wrongful death attorney to determine who is liable for your loved one’s death and present evidence to the insurance company and/or the courts. Through either a settlement or verdict, you’ll be awarded a sum of money that is intended to cover emotional damages, funeral expenses, and other damages.

In criminal court, the prosecutor can bring criminal charges against whoever is responsible for the death of your loved one. These cases aim to hold the liable party criminally accountable, which may involve fining them or placing them in prison. However, a criminal case will generally not result in the decedent’s family receiving compensation, which is why it’s necessary to file a wrongful death claim.

Understand Your Right to Compensation

Who Is Eligible for Wrongful Death Compensation in Illinois?

Illinois sets strict limits on who can recover damages in a wrongful death case. Under Illinois Law, a wrongful death lawsuit is brought by the personal representative of the decedent’s estate. Any recovery is for the exclusive benefit of the decedent’s surviving spouse and next of kin. “Next of kin” may include children, parents, siblings, and other relatives, depending on who survived the decedent.

Generally, the personal representative of your loved one’s estate will be responsible for pursuing wrongful death compensation. However, some people pass away before they can appoint a personal representative. In those cases, a court might select you or another close relative to act as the representative or appoint a special administrator.

Sadly, if your close friend suffered an untimely death because of someone else’s negligent actions, you may feel outraged, but you will not likely be able to file a claim for wrongful death in Illinois.

Find Out If Your Family Qualifies

Illinois Statute of Limitations for Wrongful Death Claims

The statute of limitations can seem complicated when it comes to wrongful death claims. In most Illinois wrongful death cases, the lawsuit must be filed within two years of the date of the death. Certain exceptions can affect the filing deadline, making it critical to speak with an attorney as soon as possible to protect your rights.

It is critical that you file your claim before time runs out. Otherwise, Illinois courts will likely bar you from having your case heard. At that point, you will no longer be able to hold the liable party accountable for their actions and obtain the compensation you would otherwise be entitled to.

Act Now and Protect Your Right to File

Common Causes of Wrongful Death

Almost any negligent action that leads to a person’s untimely death may warrant a wrongful death claim. However, the following accidents cause the majority of wrongful deaths:

• Motor Vehicle Crashes – Crashes involving cars, trucks, motorcycles, buses, and other vehicles are extremely dangerous and often fatal. In the case of a fatal accident, you might have a viable claim for wrongful death compensation.
• Medical Malpractice – When healthcare professionals fail to fulfill their professional responsibilities and injure someone in the process, they can be held accountable. Negligence by a medical professional is called medical malpractice, and it is a common cause of wrongful death claims.
• Workplace Accidents – Fatal workplace accidents are often cause for a wrongful death claim. Workers have a right to a reasonably safe working environment, and the fatal negligence of others should not go unpunished. These injuries are a particularly common occurrence in the construction industry.
• Defective or Dangerous Products – Bad brakes, tainted medications, and even electronic devices that start fires are examples of defective products that can harm or even kill users. If your loved one was killed by a defective product, you can name the manufacturer and other responsible parties in your wrongful death claim.

This is not a complete list of the different ways your loved one could have been injured. For this reason, you’ll need to discuss the details of your relative’s passing with your wrongful death lawyer to determine whether you have a case against those responsible for the decedent’s death.

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Damages You Can Be Compensated for During a Wrongful Death Claim

A successful wrongful death claim should compensate you for every hardship you have suffered or will have to suffer as a result of your loved one’s death. In Illinois, wrongful death claims are often pursued alongside a “survival” claim on behalf of the estate, which allows recovery for losses the decedent suffered before death.

Your damages will likely include financial and emotional difficulties tied to the passing of your loved one. For example, if they were in a car accident, you may be owed funds for the costs of treating their injuries, damage to the vehicle, or other financial burdens through the estate’s survival claim.

But that’s not all that’s compensable in a fatal accident. Families may be due funds for the intangible suffering they experienced due to the loss of their loved one.

Some common examples of wrongful death damages include the following:

• Lost income your loved one would have earned for your household in the future, which might include contributions to their retirement savings plan, bonuses, promotions, and more
• Every medical expense associated with your loved one’s care before their death, such as hospital bills, pain management, diagnostic images, ambulance fees, and copays
• Funeral and burial expenses (typically pursued through the survival claim)
• Loss of your relationship with your loved one, which may include support, guidance, affection, loss of household services, and more
• The emotional impact of the loss, including sorrow, grief, distress, and mental suffering

You may also find that you are awarded punitive damages, which are designed to punish defendants whose actions were egregious or intentionally harmful. Illinois law limits the availability of punitive damages in certain cases.

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Providing Expert Legal Support in Chicago and Across Illinois

Work With a Chicago Wrongful Death Attorney

After a loved one passes away, sometimes it takes everything you’ve got just to get out of bed in the morning. Handling a wrongful death claim and all the difficulties that accompany it is not something you want to add to this daily struggle.

Placing your claim in the hands of an experienced and qualified attorney will allow you to properly grieve your loss and, simultaneously, boost your chance of receiving the compensation you deserve. The help you need is at Lane Brown, LLC.

To arrange a free, no-obligation consultation with a Chicago wrongful death lawyer at Lane Brown, complete the contact form at the bottom of the page or call us at (312) 332-1400. We are available 24/7, including nights, weekends, and holidays. We offer video consultations to accommodate client comfort, and can travel to your location if necessary.

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