Losing a loved one is always heartbreaking, especially when it happens because of someone else’s negligence. If you’re grieving the loss of a loved one in Schaumburg, Illinois, a compassionate Schaumburg wrongful death lawyer from our trusted personal injury law firm is here to help.
We can guide your family in seeking justice and pursuing the compensation you deserve.
Do I Need a Lawyer in Schaumburg to Prove a Wrongful Death?
What Is a Wrongful Death in Illinois?
A wrongful death is defined as a loss of life caused by another party’s negligence or intentional actions, such as in car accidents, unsafe work environments, trucking incidents, or medical malpractice. Under the Illinois Wrongful Death Act (740 ILCS 180/), the deceased’s family has the right to pursue a claim for damages.
Who Can File an Illinois Wrongful Death Lawsuit?
In Illinois wrongful death cases, only certain people can file a wrongful death lawsuit. This right is granted to the personal representative of the deceased’s estate, typically a close family member (such as a surviving spouse, parent, or adult child). They file the claim on behalf of all eligible family members affected by the loss. If you’re unsure about your rights, our experienced wrongful death attorneys can assist you.
How Do Illinois Wrongful Death Attorneys Prove Wrongful Death?
To win a wrongful death claim, a Schaumburg wrongful death attorney needs to prove four key points:
- Duty of care: the responsible party had a duty to act safely.
- Breach of duty: they failed to meet that duty through negligence or harmful action.
- Causation: their actions directly caused the victim’s death.
- Damages: the fatal accident resulted in measurable losses for the family, such as medical expenses.
Common Types of Accidents That Cause Wrongful Death in Schaumburg
Wrongful death victims lose their lives due to:
- Car, truck, and motorcycle 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?
When wrongful death occurs, anyone whose negligence or wrongful conduct caused your loved one’s death could be held responsible in personal injury claims. This might include employers, drivers, property owners, doctors, or manufacturers of faulty products.
Who Cannot Be Held Liable for a Wrongful Death in Illinois?
Not all deaths warrant a wrongful death action. For example, illnesses caused by natural factors or unavoidable accidents where no one is at fault usually don’t qualify as personal injury cases. However, if negligence contributed in any way, the beneficiary of the deceased person may be eligible to file a wrongful death suit.
What Is My Wrongful Death Case Worth?
The value of a wrongful death case depends on factors like the amount of medical and funeral expenses incurred, lost income, and the emotional suffering of the victim’s surviving family members. While no compensation can replace your loved one, it can help ease financial burdens; our law firm can help assess the worth of the legal claim and fight to recover monetary damages you deserve under Illinois law.
How Long Does It Take to Settle a Schaumburg Wrongful Death Case?
The legal process in wrongful death cases can take months or years, depending on the complexity of the case, available evidence, willingness of at-fault parties to settle, and whether the civil lawsuit goes to court. While we aim to resolve cases quickly, our priority is getting you the financial compensation you deserve.
Call Us
You don’t have to face this tragedy alone.
The Kryder Law Group, LLC Accident and Injury Lawyers is here to advocate for you and your family to recover compensation for funeral and burial expenses, medical bills, emotional pain, and more.
Call us today for a free consultation.
(312) 223-1700