Losing a loved one is devastating, especially if their death was due to someone else’s negligence or wrongdoing. A Wheaton wrongful death lawyer can help hold those responsible accountable and bring justice for surviving family members. Our personal injury law firm, Kryder Law Group, LLC Accident and Injury Lawyers, has decades of experience with wrongful death claims and is ready to support you with a wrongful death claim.
In this Article
What Is a Wrongful Death in Illinois?
According to Illinois’ Wrongful Death Act (740 ILCS 180/), wrongful death refers to any death that occurs due to the misconduct or negligence of someone else. This includes situations such as medical malpractice, car accidents, workplace accidents, and even criminal acts. The key factor in determining if a death is considered an accident or a wrongful death is whether it could have been prevented if not for the actions or inactions of another party.
How Must a Personal Injury Lawyer Prove Wrongful Death?
A personal injury lawyer must prove four elements in order to establish wrongful death cases:
Duty of care: The defendant had a legal duty of care towards the deceased, requiring reasonable care and caution.
Breach of duty: The defendant breached their duty of care.
Causation: The breach of duty led to the victim’s death.
Damages: The death caused damages, such as financial loss.
Common Types of Accidents that Cause Wrongful Death in Wheaton, IL
Common types of accidents that result in wrongful death include:
Car Accidents: Reckless driving, drunk driving, and speeding, for example.
Truck Accidents: Large commercial trucks can cause devastating accidents due to their size and weight.
Medical Malpractice: Negligence or errors made by medical professionals can lead to wrongful death.
Workplace Accidents: Dangerous working conditions or lack of proper safety measures can result in deadly accidents.
Who Can Be Held Accountable for a Wheaton Wrongful Death?
Parties that may be held responsible include:
Individuals responsible for causing death can include negligent drivers or doctors guilty of medical malpractice.
Employers may be liable for wrongful death if their employees’ actions cause a victim’s death.
Government entities can be held accountable in a wrongful death case.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
While no amount of money can ever make up for suffering the loss of a loved one, a wrongful death lawsuit can help provide financial stability and hold those responsible accountable. Depending on the circumstances of the case, damages that may be recovered include:
Funeral and burial expenses
Medical bills related to the deceased person’s final injury or illness
Loss of future income
Loss of companionship and support
Who Can File a Wrongful Death Lawsuit?
In Illinois, the law specifies who has the right to file a wrongful death lawsuit. Typically, this responsibility falls to the personal representative of the deceased person’s estate. This representative could be named in the deceased’s will or appointed by the court if no such individual is mentioned. Immediate family members, such as the spouse, children, or parents of the deceased, are usually the ones eligible to receive any awarded damages. A Wheaton personal injury lawyer can counsel you of your rights.
Contact a Wheaton Wrongful Death Attorney Today
If you’ve lost a loved one due to negligence, the wrongful death lawyers at our law firm, The Kryder Law Group, LLC, Accident and Injury Lawyers can guide you through the legal process and fight for justice.
Call for a Free Consultation
We offer a no-obligation consultation with a skilled wrongful death attorney who has experience with Illinois wrongful death cases and can review your situation, explain your legal options, and answer your questions.
Time is crucial, so act quickly. Our Wheaton wrongful death lawyers stand ready to help you and your family seek justice and compensation.
Get help from a Wheaton 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