Losing a loved one is heartbreaking, especially due to someone else’s negligence. An Aurora wrongful death lawyer from our personal injury law firm can help guide you during this difficult time. We are committed to holding those responsible accountable and getting your family the compensation you deserve.
How Does a Personal Injury Lawyer Prove Wrongful Death?
For a wrongful death claim to succeed, we need to prove four key facts:
- Duty of care: the responsible party had a duty to act safely and responsibly.
- Breach of duty: they failed to meet that duty through negligence or harmful actions.
- Causation: their actions directly caused your loved one’s death.
- Damages: the death resulted in measurable losses like medical expenses, lost income, or emotional pain for the family.
An Aurora wrongful death attorney works to collect evidence, build a compelling case, and fight for justice on behalf of your loved one.
What Is a Wrongful Death in Illinois?
A wrongful death occurs when a person loses their life due to someone else’s negligence or wrongful act. Common causes include car accidents, unsafe workplaces, trucking accidents, or medical malpractice. Under the Illinois Wrongful Death Act (740 ILCS 180/), the deceased person’s family can file a claim to seek compensation for financial and emotional losses resulting from the death.
Who Can File an Illinois Wrongful Death Lawsuit?
Not everyone can file a wrongful death lawsuit by Illinois law. The law gives that right to file a wrongful death lawsuit to the personal representative of the deceased person’s estate, typically a close family member—such as a surviving spouse, parent, or adult child. This person can file wrongful death lawsuits on behalf of all eligible family members who are suffering because of the loss. If you’re unsure about your rights, a wrongful death attorney from our team can help guide you.
Common Types of Accidents That Cause Wrongful Death in Aurora
Wrongful deaths happen in many ways. Some of the most common causes include:
- Car, truck, and motorcycle collisions
- Workplace accidents or unsafe working conditions
- Medical malpractice, such as surgical errors or misdiagnoses
- Slip and fall incidents caused by unsafe property conditions
- Defective or dangerous products
Who Can Be Held Accountable for a Wrongful Death?
Individuals or entities whose careless or harmful actions result in a death can be held accountable in personal injury cases. This could involve employers, drivers, property owners, healthcare providers, or manufacturers of defective products.
Who Cannot Be Held Liable for a Wrongful Death in Aurora, Illinois?
Not every death qualifies for a wrongful death claim. For instance, deaths caused by natural illnesses or unavoidable accidents without fault typically don’t meet the criteria.
However, if negligence played any role, there may still be grounds to seek compensation.
What Is My Wrongful Death Case Worth?
The value of an IL wrongful death case depends on many factors, such as the amount of medical bills, lost income, funeral expenses, and the emotional suffering of surviving family members.
No money can replace a loved one, but compensation can ease financial stress and provide a sense of justice. We’ll help you assess your claim’s value and fight for the compensation you deserve.
How Long Does It Take to Settle a Wrongful Death Case in Aurora, IL?
Wrongful death settlements can take anywhere from several months to a couple of years, depending on the complexity of your case, the evidence available, the willingness of the parties to reach a fair settlement, and whether the case goes to court.
Our goal is to resolve cases promptly, but our main focus is making sure you get the compensation you’re entitled to.
Call Us
You don’t have to go through this on your own. Let us support you and your family during this challenging time. Contact us today for a free consultation.
(312) 223-1700