If you recently lost a family member due to someone else’s negligent actions, secure your financial future by reaching out to a Chicago wrongful death attorney for help.
Although the emotional wounds of losing a loved one may heal with time, the loss may influence the rest of your life. 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 addressed. The negative impact on your life must be accounted for.
Part of that process involves recovering monetary compensation for all the financial and emotional impacts the wrongful death of your loved one has caused. To recover that compensation in Illinois, you will need to file a wrongful death claim.
For help with your claim and getting the compensation you deserve, get in touch with a Chicago wrongful death lawyer at Lane Brown, LLC. We will handle your case with care and determination in this difficult time.
In Illinois, it doesn’t necessarily matter whether the person responsible for causing the death of your relative meant or intended to harm them, but rather that they are, in fact, responsible for the cause of the death.
The Illinois wrongful death statute specifically states that any “wrongful act, neglect, or default” that results in the death of another is grounds for a wrongful death 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 in Chicago 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 family members of the person who has passed away.
If you aren’t sure whether you have grounds for a wrongful death lawsuit, speak with your Chicago fatal accident attorney. Your lawyer can help you determine whether you have grounds for a fatal accident lawsuit, whether your loved one suffered through a bicycle accident, medical malpractice, drunk driving incident, or another type of accident. They can help you take the right steps forward.
You may be wondering why you need to file a claim in court if someone else is responsible for causing the death of your loved one. 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.
You’ll work with your wrongful death attorney in Chicago to file a claim against whoever is found to be liable after your attorney’s investigation and present your evidence to the insurance company and/or the courts. Once the liable party is found at fault in court, you’ll be awarded a sum of money that should cover your losses.
In criminal court, however, the prosecutor may bring criminal charges against whoever is responsible for the death of your loved one. That’s not to say every wrongful death will yield criminal charges, though—intent and other factors make a difference in criminal court.
But, where applicable, the prosecutor will bring charges against the at-fault party in the hope of holding them accountable with imprisonment, probation, community service, or other penalties. It’s important to note that the results of a criminal case, if any, will have no bearing on your civil lawsuit and won’t result in compensation for you and your family.
If your close friend suffered an untimely death because of someone else’s negligent actions, you may feel outraged and depressed, but you will not likely be able to file a claim for wrongful death in Illinois.
That’s because our state sets strict limits on who can file for wrongful death compensation. If you are any of the following, you may be eligible to file a Chicago wrongful death claim:
Generally, the personal representative of your loved one’s estate will be responsible for pursuing wrongful death compensation. However, some people pass away unexpectedly, before they are able to appoint a personal representative. In those cases, a court might select you or another close relation to act as the representative.
The statute of limitations can seem complicated when it comes to wrongful death claims. Essentially, you’ll need to get your claim filed in Illinois courts within one year of the death of your family member. However, the statute of limitations for personal injury claims indicates that you’ll have two years to file your claim, whichever is later.
For example, if your loved one was involved in an accident and wasn’t hospitalized until a later date, but it was determined that the accident they were injured in was ultimately the cause of their death, you could have two years from the date the accident occurred or two years from the date of their death to file your claim in court.
It is critical that you file your claim before time runs out. Otherwise, Illinois courts will likely bar you from having your case heard, and 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.
Almost anything that can injure you can also become fatal. And almost any negligent action that leads to a person’s untimely death may warrant a wrongful death claim. However, a few types of accidents tend to cause the majority of wrongful deaths in Chicago. Some of those accident types are detailed in the following list:
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 Chicago wrongful death lawyer to determine whether you have a case against those responsible for the decedent’s death.
If successful, your wrongful death claim should compensate you for every hardship you have suffered or will have to suffer as a result of the death of your loved one.
If a careless action resulted in the death of a loved one, your family deserves justice. But our clients may have already struggled to get the funds they’re due for these hardships. We’re here to represent you as a claimant and help you get these funds for your recovery.
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 due funds for the costs of treating their injuries, damage to the vehicle, or other financial burdens.
But that’s not all that’s compensable in a fatal accident. Families may be due funds for the intangible suffering they experienced because this accident happened. Talk to your lawyer about calculating these types of damages.
Some common examples of wrongful death damages include the following:
You may also find that you are awarded punitive damages, which are designed to punish defendants whose actions were egregious or intentionally harmful. Although punitive damages will benefit your financial position, their ultimate purpose is to make an example of the at-fault party so similar events don’t occur in the future.
When you’ve suffered through a painful loss like this, managing a lawsuit to get your rightful compensation can be tough. You should be able to focus on recovering from your loss, not juggling insurance claims and legal cases. That’s where representation from a lawyer can be most useful.
From your free consultation to the final decision, your lawyers can help you gather information and avoid the expense related to proving negligence and other details of your case. Your lawyer can make getting the funds you’re due easier for you and your family. All it takes is a visit to our office.
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.
But 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, give us a call at 312-332-1400 or complete the contact form at the bottom of the page.