Losing a loved who suffered fatal injuries due to negligent acts is tragic and heart-wrenching. At the law firm, The Kryder Law Group, LLC, Accident and Injury Lawyers, our dedicated wrongful death attorneys strive for justice, providing compassionate legal support to families in Bolingbrook, IL and across the state.
In this Article
What Is a Wrongful Death in Illinois?
A wrongful death case in Illinois is legally defined in the Wrongful Death Act (740 ILCS 180/) as a death caused by “wrongful act, neglect, or default” where, if death had not ensued, the person injured could have recovered damages with a personal injury case.
What Does Not Qualify as a Wrongful Death?
Not all accidental or unexpected deaths qualify as wrongful deaths. Incidents where no party can be held legally responsible, such as natural disasters, typically do not meet the criteria for a Bolingbrook, IL wrongful death claim.
How Must a Personal Injury Lawyer Prove Wrongful Death?
To substantiate a wrongful death claim, a Bolingbrook wrongful death attorney must demonstrate four key elements:
duty of care owed by the defendant,
breach of that duty,
direct causation of death due to breach, and
quantifiable damages incurred as a wrongful death damages a result.
Common Types of Accidents that Cause Wrongful Death in Bolingbrook
Motor Vehicle Accidents: Often caused by reckless driving, intoxication, or distraction.
Medical Malpractice: Could result from surgeon errors, misdiagnosis, or pharmaceutical mishaps.
Workplace Accidents: Typically in construction industries, mining, or factory settings.
Product Liability: Deaths due to faulty products or inadequate safety warnings.
Premises Liability: Usually occur due to property owner negligence, such as unsafe buildings.
Who Can Be Held Accountable for a Wrongful Death?
In wrongful death cases, the responsible party may vary. Examples include reckless drivers, a drunk driver, a negligent doctor, a careless employer, a product manufacturers lacking proper safety measures, and a property owner failing to maintain safe premises.
Who Cannot Be Held Liable for a Wrongful Death in Illinois?
Certain parties enjoy immunity against wrongful death claims in Illinois, including government entities, companies following safety regulations, and individuals acting in self-defense.
Who Can File a Wrongful Death Lawsuit?
Under Illinois Law (740 ILCS 180/0.01, et al.), when wrongful death occurs, personal representatives of the decedent’s estate may initiate wrongful death lawsuits.
However, the individuals eligible for compensation may differ. Generally, the deceased’s surviving spouse and next of kin can obtain damages under the Wrongful Death Act, compensating for financial losses and emotional distress.
Who Cannot File a Wrongful Death Claim?
Not all individuals are eligible to file a wrongful death claim. This includes distant relatives, uninvolved parties, and those without a legal relationship to the deceased.
What Is My Case Worth?
A Bolingbrook, IL wrongful death attorney assesses the value of a personal injury claim based on factors like the medical bills and expenses, loss of income, funeral and burial expenses, and the emotional distress experienced by the surviving family members.
Contact a Bolingbrook Wrongful Death Lawyer Today
If you have lost a loved one due to negligence in Bolingbrook, IL or elsewhere in Illinois, contact The Kryder Law Group, LLC Accident and Injury Lawyers today.
Our skilled wrongful death lawyers will provide compassionate legal support while pursuing justice for your family member’s untimely death. Schedule a free consultation with our experienced team to discuss the details of your loved one’s death case and explore possible avenues to recover compensation.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Britt C.
Andrew Kryder went above and beyond to help me out with a case that I brought to him. He was prompt, attentive, and extremely thorough. It was a pleasure to work with him!