Losing a loved one is always a tragic event. But it is especially tragic when the loved one’s death was caused by someone else’s negligence, recklessness, or intent.
An experienced Chicago wrongful death lawyer who handles personal injury cases at The Kryder Law Group, LLC Accident and Injury Lawyers, can skillfully and compassionately handle your wrongful death case.
What Is a Wrongful Death in Chicago, Illinois?
Wrongful death is defined under the Illinois Wrongful Death Act (740 ILCS 180/). Wrongful death occurs when an individual dies due to another’s negligent or intentional actions, allowing the victim’s family to pursue legal compensation for the wrongful act.
What Does Not Qualify as a Wrongful Death?
Not every death resulting from an accident or injury can be classified as wrongful death. Deaths stemming from unavoidable accidents, acts of God, or the deceased’s own negligence typically do not meet the criteria to file wrongful death claims in the state of Illinois.
How Do Chicago Wrongful Death Lawyers Prove Wrongful Death Lawsuits?
To prove a wrongful death action, wrongful death lawyers in a legal action must show:
- Duty of care: The defendant owed reasonable care to the deceased person.
- Breach: The defendant breached that duty of care through their actions or inactions.
- Causation: The defendant’s breach of duty caused the death of the victim.
- Damages: Surviving family members have suffered financial and emotional damages as a result of the loss.
If wrongful death victims had lived, they would have been able to bring a personal injury lawsuit against the negligent person for damages. In wrongful death cases, surviving family members are legally allowed to file on behalf of their loved one.
Common Causes of Chicago Wrongful Death Cases
Some common causes of Chicago, Illinois wrongful death cases include:
- Vehicle Accidents: Fatalities often occur from careless driving, driving under the influence, or car malfunctions.
- Workplace Incidents: Deaths in workplaces arise from lax safety or faulty machinery.
- Medical Malpractice: Fatal outcomes can arise from surgical mishaps, incorrect diagnosis, or prescription errors.
- Slip and Fall Accidents: Fatal accidents due to improper upkeep or insufficient safety on premises.
- Defective Products: Consumer products with design or manufacturing flaws can lead to death.
- Nursing Home Neglect: The untimely passing of elderly due to neglect or abuse in caregiving facilities.
- Fires and Explosions: Deaths due to fires or explosions that could have been avoided.
- Construction Site Accidents: Deaths at construction sites from falls, electrocutions, or equipment-related mishaps.
Who Can Be Held Accountable in an Illinois Wrongful Death Lawsuit?
In wrongful death cases in Chicago, responsibility may fall on different parties, such as individuals, corporations, or government entities, depending on the specific circumstances leading to the victim’s death.
For instance, in car accidents or other motor vehicle accidents, the at-fault driver can be held liable. In the case of workplace fatalities, the employer or contractor might be accountable. Medical malpractice cases could see healthcare professionals being responsible, while deaths due to defective products may result in liability for the manufacturers.
Who Cannot Be Held Liable for a Wrongful Death in Illinois?
Certain parties are protected from wrongful death claims under Chicago wrongful death laws, including government agencies performing discretionary functions and employers in situations covered by workers’ compensation insurance.
Types of Compensation for Wrongful Death Cases
In personal injury cases, a Chicago wrongful death attorney could pursue recovery for damages such as:
- Medical bills for care needed by your loved one prior to their death
- Funeral and burial costs
- Mental anguish for the victim and their family
- Loss of companionship for the surviving spouse
Determining fair compensation to recover damages for wrongful death actions is complex. However, our seasoned attorneys excel at securing fair settlements in these challenging cases.
How Much Is My Wrongful Death Case Worth?
Your wrongful death attorney will assess the value of your case taking into account:
- The nature of the defendant’s negligence
- Medical expenses incurred prior to their death
- Funeral and burial costs
- Lost wages if the deceased was a provider for their family
- Pain and suffering
Who Can File a Wrongful Death Lawsuit?
Under Illinois law, wrongful death claims can be filed by the deceased’s “personal representative.” If a will designates an executor, that individual becomes the personal representative. Without a will, or if it’s invalid, the court appoints an administrator, typically a close relative such as a surviving spouse or offspring.
Immediate family members—spouse, children, parents, siblings—are entitled to file a wrongful death claim in Illinois, and under certain conditions, extended family might also seek damages.
Who Cannot File a Wrongful Death Claim?
In Illinois, those barred from filing wrongful death claims to recover compensation include distant relatives without court appointment, friends, and cohabitants not legally related to the deceased person.
Can Multiple Family Members File Separate Wrongful Death Claims?
No, under state law, wrongful death claims to recover financial compensation must be filed by the personal representative of the deceased’s estate for the benefit of the eligible surviving family members. Multiple wrongful deaths claims by different family members are not permitted.
How Long Does a Wrongful Death Lawsuit Typically Take in Chicago, IL?
The duration of a wrongful death lawsuit can vary widely depending on the complexity of the wrongful conduct case, the number of parties involved, the insurance companies involved, and the willingness of the parties to reach a settlement.
A wrongful death suit can take from several months to a few years.
How a Chicago Wrongful Death Lawyer Can Help
Losing a loved one is a traumatic experience, and no amount of money can compensate for your mental suffering. However, pursuing a wrongful death claim— a civil lawsuit— can provide the financial support you need during this difficult time and hold at-fault parties accountable for their actions.
Our dedicated team of skilled Chicago wrongful death attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers work tirelessly to ensure that you receive the justice and closure you deserve.
Call Us for a Free Consultation
Our law firm offers a free consultation to discuss your personal injury lawsuit, answer any questions you may have, and guide you through the legal process.
Our legal services are provided on a contingency fee basis, meaning you pay only if we secure compensation for your loss in a personal injury claim.
(312) 223-1700