Losing a loved one is heartbreaking, especially when the death was caused by someone else’s negligence; in that case, it’s considered a wrongful death. If your family is going through this difficult situation, it’s important to seek legal help from an experienced Elgin wrongful death lawyer.Our personal injury law firm has decades of experience handling these cases.
In this Article
How Does a Personal Injury Lawyer Prove Wrongful Death?
Duty of care: the responsible party had a duty to act safely and responsibly.
Breach of duty: the defendant 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 Elgin wrongful death attorney is to gather evidence, build a strong case, and seek justice and fair compensation for the loss of your loved one.
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/), families of the deceased people have the right to file wrongful death claims to recover compensation for the wrongful death actions.
Who Can File an Illinois Wrongful Death Lawsuit?
Not everyone can file a wrongful death lawsuit by Illinois law. The law gives the right to file a wrongful death lawsuit to the personal representative of the deceased person’s estate, typically a close family member—such as the deceased’s surviving spouse, parent, or adult child. This person can file wrongful death lawsuits for eligible family members suffering from the loss. If you’re unsure about your rights, our wrongful death attorneys can help.
Common Types of Accidents That Cause Wrongful Death in Elgin
Wrongful deaths are caused by a wrongful act including:
Motor vehicle accidents
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 responsible for negligence or harmful actions leading to a death can be held accountable in personal injury cases. This could include employers, drivers, property owners, doctors, or manufacturers of defective products.
What Is Not Considered Wrongful Death in Illinois?
According to Illinois law, a death caused by natural causes or an unavoidable accident is not considered wrongful death. Additionally, if the deceased person was found to be at fault for their own death, it may not be considered a valid wrongful death case.
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, interact with the insurance company, and fight for every dollar you’re owed.
How Long Does It Take to Settle a Wrongful Death Case?
Wrongful death cases can take months or years to resolve, depending on the complexity of the case, the evidence, willingness to settle, and court time when necessary.
We strive to resolve cases quickly while ensuring you get the compensation you deserve.
Call Us
You don’t have to go through this alone. Let our personal injury law firm stand by your side and support your family every step of the way. Contact us today for a free consultation.
Get help from an Elgin 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.
Jenni D.
Very professional. Justin Hare was very patient with my elderly father’s case. Our family and my father was very pleased. I would say from the start to finish 2 year time it went very smooth. If you need a great lawyer that is willing to win your case look no more he’s the right guy.
(312) 223-1700