Losing a loved one is devastating, especially when their passing is due to someone else’s negligence. In such cases, it is considered a wrongful death. If your family is facing this challenging time, an experienced Elgin wrongful death lawyer from our personal injury law firm can provide the legal support you need.
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: 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.
An Elgin wrongful death attorney works to collect evidence, build a solid case, and fight for justice and fair compensation for you.
What Is a Wrongful Death in Illinois?
Wrongful death occurs when someone dies because of another person’s negligence or intentional actions. Common examples include car accidents, truck crashes, medical malpractice, or unsafe workplace conditions.
According to 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?
Under Illinois law, only certain individuals can file a wrongful death lawsuit. Typically, this right is given to the personal representative of the deceased’s estate, 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, IL
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?
Individuals or entities whose negligence or wrongful actions result in a death can be held liable in personal injury cases. This may include employers, drivers, property owners, healthcare professionals, or manufacturers of faulty 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 Elgin 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 assist in evaluating the value of your claim, negotiating with the insurance company, and advocating to ensure you receive every dollar you deserve.
How Long Does It Take to Settle a Wrongful Death Case?
The timeline for wrongful death cases varies and can take months or even years to conclude. Factors like case complexity, available evidence, settlement negotiations, and court scheduling all play a role.
Our personal injury attorneys work diligently to reach a resolution as quickly as possible while ensuring you receive the compensation you’re entitled to.
Call Us
You don’t have to face this alone. Our personal injury law firm is here to support your family every step of the way.
If you’ve lost a loved one due to negligence, an Elgin wrongful death lawyer can help you seek justice and fair compensation. Contact us today for a free consultation.
(312) 223-1700