Losing a loved one is a devastating experience, especially when it is due to someone else’s negligence. An Elmhurst wrongful death lawyer can provide compassionate support and legal guidance to help you seek justice for the deceased person. Our personal injury law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, will guide you through the complexities of wrongful death lawsuits, ensuring your family’s rights are protected and you receive the compensation you deserve.
In this Article
What Is a Wrongful Death in Illinois?
In Illinois, a wrongful death occurs due to another’s wrongful act, neglect, or default. The Illinois Wrongful Death Act (740 ILCS 180/) allows specific individuals to sue for compensation for financial and emotional losses. This statute enables families to hold responsible parties accountable and seek justice.
How Must Elmhurst Wrongful Death Lawyers Prove Wrongful Death Claims?
To prove a wrongful death claim in Illinois, wrongful death attorneys must establish four key elements:
Duty of Care: A wrongful death attorney needs to prove the defendant had a legal duty of care toward the deceased, which involves acting according to specific obligations like adhering to traffic laws or providing adequate medical care.
Breach of Duty: The defendant must be shown to have breached their duty of care, whether through reckless driving or medical negligence.
Causation: The lawyer must prove that the defendant’s breach of duty directly caused the victim’s death.
Damages: The lawyer must present evidence of damages from the wrongful death, including medical and funeral costs, loss of income, and the family’s emotional suffering.
Common Types of Accidents that Cause Wrongful Death in Elmhurst
A wrongful death case can be brought in a wide range of accidents, including:
Car accidents
Medical malpractice
Workplace accidents
Product liability
Premises liability
Who Can Be Held Accountable for a Wrongful Death?
In Illinois, the following individuals or entities can be held responsible for a wrongful death action:
Individuals: This applies to those whose actions led to a death
Employers: Employers may be liable for workplace accidents and deaths
Medical Professionals: Medical malpractice can result in wrongful deaths
Manufacturers: Product liability laws allow families to pursue compensation from manufacturers for fatal product-related incidents
Types of Compensation for Elmhurst Wrongful Death Cases
An Elmhurst wrongful death lawyer can help you seek various types of financial compensation, including:
Economic Damages
These include expenses related to the victim’s death, such as medical bills and funeral costs.
Non-Economic Damages
This covers intangible losses like emotional distress, loss of companionship, and pain and suffering.
Punitive Damages
In cases involving extreme negligence or malicious intent, the court may award punitive damages to punish the responsible party.
Who Can File a Wrongful Death Lawsuit?
In Illinois, a wrongful death lawsuit can be filed by the personal representative of the deceased person’s estate. This representative is often a close family member such as a surviving spouse, adult child, or parent.
If there is no designated representative, the court can appoint one. These actions are taken to seek damages for the beneficiaries, which typically include the deceased’s immediate family members, such as spouses and children.
Contact an Elmhurst Wrongful Death Lawyer Today
Losing a loved one is hard without legal issues adding stress. An experienced Elmhurst wrongful death lawyer from our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, can support and guide you, fighting for fair compensation and seeking justice.
Free Consultation
We offer a free consultation with an experienced lawyer to discuss your case, explore legal options, and to answer your questions.
Get help from an Elmhurst wrongful death lawyer when you've lost a loved one because of someone else's negligence.
$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!
(312) 223-1700