If you have lost a loved one due to another person’s negligence, you may be entitled to seek justice through a wrongful death lawsuit. The legal process for filing a wrongful death suit can be complex and emotionally overwhelming, which is why it is important to have an experienced Schaumburg wrongful death lawyer from our personal injury law firm, The Kryder Law Group, LLC Accident and Injury Lawyers by your side.
In this Article
What Is a Wrongful Death in Illinois?
In Illinois, a wrongful death is defined under the Illinois Wrongful Death Act (740 ILCS 180/0.01, et al.) as a death that occurs as a result of another party’s wrongful act, neglect, or default.
If the deceased person could have pursued a personal injury lawsuit had they survived their fatal injuries, the heirs or personal representatives of the deceased may bring a wrongful death claim.
The purpose of the act is not only to compensate the survivors for the financial losses and emotional suffering but also to hold the responsible party accountable for their actions.
Who Can Be Held Accountable for a Wrongful Death?
Any individual, corporation, or government agency can be held accountable for a wrongful death if their actions directly cause the death of another person. This can include situations such as car accidents, medical malpractice, fatal workplace accidents, and even criminal acts.
How Must a Wrongful Death Attorney Prove a Case?
In order to successfully prove a wrongful death personal injury claim in Illinois, Chicago wrongful death lawyers must establish three elements:
The party being sued had a duty of care towards the deceased person
The party breached that duty of care through their actions or negligence
The breach directly caused the wrongful death case because of the individual’s actions
Who Can File a Wrongful Death Claim?
Under the Wrongful Death Act, wrongful death lawsuits must be brought by the “personal representatives” of the deceased person. The persons who may recover for wrongful death may be different from the personal representative.
Typically, the surviving spouse and “next of kin” are entitled to recover damages under the Wrongful Death Act, including fair and just compensation for pecuniary injuries such as grief, sorrow, and mental suffering.
Who Else Can Make Wrongful Death Claims?
The deceased person’s estate may also recover compensation for the deceased person’s pain and suffering, lost wages, related medical bills, and funeral expenses under the Illinois Survival Act. (755 ILCS 5/27-6).
Types of Wrongful Death Compensation
Under Illinois personal injury law, the purpose of wrongful death cases is to seek compensation for the losses and damages suffered by the surviving family members. This can include:
Funeral and burial expenses
Medical expenses related to the victim’s final injury or illness
Loss of future income and benefits that the deceased would have provided
Loss of companionship, care, and support from the deceased
Pain and suffering experienced by the deceased before their death
Contact The Kryder Law Group, LLC Accident and Injury Lawyers Today
Losing a loved one due to someone else’s negligence is a devastating experience. While no amount of compensation can bring back your loved one, it can help ease financial burdens and provide a sense of justice to meet with Schaumburg, IL wrongful death lawyers.
If you have lost a loved one in Schaumburg due to another person’s negligence, contact a wrongful death attorneys at our law firm for a free consultation and to discuss your legal options.
An experienced wrongful death lawyer can help you hold the responsible party accountable and seek the financial compensation that you deserve during this difficult time.
Schaumburg Wrongful Death Lawyer
$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.
Britt C.
Andrew Kryder went above and beyond to help me out with a case that I brought to him. He was prompt, attentive, and extremely thorough. It was a pleasure to work with him!
Any individual, corporation, or government agency can be held accountable for a wrongful death if their actions directly cause the death of another person. This can include situations such as car accidents, medical malpractice, fatal workplace accidents, and even criminal acts.
(312) 223-1700