Losing a loved one is heartbreaking, especially when it happens because of someone else’s carelessness or wrongful act. An Aurora wrongful death lawyer from our personal injury law firm is here to support grieving families every step of the way. We work hard to make sure those responsible are held accountable and you and your family receive the compensation you deserve.
What Is a Wrongful Death in Illinois?
A wrongful death occurs when someone dies because of another person’s negligence or intentional harm. These incidents can include things like car accidents, unsafe workplaces, trucking accidents, or mistakes made by doctors. Under the Illinois Wrongful Death Act (740 ILCS 180/), the family of the deceased person has the right to file a claim to recover financial and emotional losses caused by the death.
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.
The job of an Aurora wrongful death attorney is to gather evidence, build a strong case, and seek justice for your loved one.
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?
Anyone whose negligence or harmful actions caused the death could be held responsible in personal injury cases. This might include employers, drivers, property owners, doctors, or manufacturers of faulty products.
Who Cannot Be Held Liable for a Wrongful Death in Illinois?
It’s important to know that not all deaths allow for a wrongful death action. For example, illnesses caused by natural factors or unavoidable accidents where no one is at fault usually don’t qualify. However, if negligence contributed in any way, you could still have a case to recover compensation.
What Is My Wrongful Death Case Worth?
The value of a 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. While no amount of money can replace your loved one, compensation can ease financial burdens and provide some sense of justice. We can work with you to estimate the value of your claim and fight for every dollar you’re owed.
How Long Does It Take to Settle a Wrongful Death Case?
Wrongful death cases 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.
While we always aim to resolve these cases quickly, our priority is ensuring that you receive the compensation you deserve.
Call Us
You don’t have to face this alone. We’re here to advocate for you and your family during this difficult time. Call us now for a free consultation.
(312) 223-1700