- What Is a Wrongful Death?
- What Is My Wrongful Death Case Worth?
- Do You Need an Experienced Champaign Wrongful Death Lawyer?
- Wrongful Death is A Leading Factor in Premature Deaths Across the Country
- What Can I Recover in a Wrongful Death Claim?
- Types of Champaign Wrongful Death Lawsuits
- Deciding Who Should File a Wrongful Death Lawsuit on Behalf of a Deceased Loved One
- Why Juries Award Punitive Damages
- Wrongful Death Compensation
- Our Personal Injury Law Firm Will Review Your Champaign Wrongful Death Claim for Free
- Champaign Wrongful Death Lawyer Resources:
Losing a loved one is always challenging, but the more sudden and unexpected the death, the more painful this experience can be.
When someone else’s negligence contributes to your loved one’s untimely passing, you may have legal recourse through a wrongful death lawsuit.
You may also be eligible for compensation if your family member had life insurance coverage that names you as a policy beneficiary.
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for surviving family members who lost a loved one through a preventable death.
Call a Champaign wrongful death lawyer at (888) 424-5757 (toll-free phone number) or use the contact form for immediate legal advice and schedule a free consultation.
What Is a Wrongful Death?
It is always a tragedy when someone is killed in an accident that could have been prevented if not for the irresponsible and negligent actions of others.
Illinois law defines wrongful death as a legal term when someone dies due to another individual or entity’s wrongful act, fault, or neglect. A wrongful death claim is a civil court process compensating survivors for losing financial support and companionship.
Family members can file a personal injury lawsuit against the person who caused their loved one’s death. Wrongful death cases differ from personal injury cases when death occurs due to intentional acts like murder and manslaughter.
Surviving family members must file a civil lawsuit against negligent parties. They must provide evidence that negligence led to their loved one’s death to overcome the liability in a wrongful death case.
This evidence may include an intoxicated driver, medical malpractice, or inadequate CPR. Countless other causes of action may also apply.
The victim’s family has the right to recover damages for the loss of wages, consortium, funeral costs, and pain and suffering resulting.
What Is My Wrongful Death Case Worth?
The value of your wrongful death claim depends on factors such as the age and health status of your loved one when they passed. Other factors include the number of dependents left behind and any pre-death medical condition.
The victim’s future earning potential and life expectancy must also be considered. It is imperative if your loved one was young or working well into their senior years.
Wrongful death cases are often settled at mediation with a personal injury lawyer present. Legal representation is essential for negotiating the settlement of your claim.
Losses associated with your loved one’s death might include medical costs, funeral bills, and loss of income. Having legal support ensures you can recover compensation for damages.
Do You Need an Experienced Champaign Wrongful Death Lawyer?
While not legally required, having wrongful death attorneys during settlement negotiations can help ensure proper compensation for medical costs and lost income. A personal injury lawyer’s expertise is beneficial in navigating the process.
If your personal injury case goes to trial, your Champaign wrongful death lawyers will support you throughout. Contact our Central Illinois law office for a free consultation to discuss your claim with personal injury lawyers.
Wrongful Death is A Leading Factor in Premature Deaths Across the Country
The National Safety Council reported that accidents are among the top five causes of death in the United States for all age groups. For those aged one to 42, accidents were the leading cause of death, including motor vehicle accidents, fires, drowning, and workplace accidents.
Other common fatal accidents include medical malpractice, electrocution, explosions, choking, medication errors, and exposure to hazardous materials. If negligence contributed to a death, the victim’s family could file a lawsuit against the responsible parties.
What Can I Recover in a Wrongful Death Claim?
There is no financial cap on the damages that can be recovered in wrongful death cases from the negligent party.
Call our Champaign area law offices to discuss what injury victims should expect from the defendant’s insurance company.
Types of Champaign Wrongful Death Lawsuits
You should always launch an investigation following losing a loved one to recover the answers you need to put the matter to rest.
Investigating a loved one’s death can also help you determine whether legal action is warranted or necessary to ensure that justice is served.
Some of the forms of Champaign, IL accidents that may result in wrongful death include the following:
- Automobile accidents
- Motorcycle accidents
- Commercial truck accidents
- Bicycle injury
- Pedestrian accidents
- Birth injury
- Medical malpractice
- Neglectful or abusive nursing home care
- Dog attacks
- Product liability
- Medical malpractice
- Slips and falls
- Intentional infliction of emotional distress
- Workplace accidents
Deciding Who Should File a Wrongful Death Lawsuit on Behalf of a Deceased Loved One
If negligence played a role in your family member’s death, you deserve answers and compensation. Recovered damages can cover medical expenses, burial costs, lost financial contributions, and pain and suffering for your family.
Deciding which family members should file a lawsuit can be confusing, especially with multiple potential beneficiaries, including the surviving spouse and children. For instance, if the deceased was unmarried, their parents, siblings, and children might all have the right to file.
We recommend collaborating with family members and a qualified Champaign wrongful death lawyer to develop a legal strategy. If disagreements arise about proceeding or dividing the recovery among family members, we can help protect your interests.
The Judge Might Appoint a Legal Representative
If the decedent did not name a personal representative in their will, the court might select the one to handle their legal matters. When this occurs, the judge will interview family members and choose one as the deceased person’s estate guardian.
If a representative is chosen, they will be in charge of filing a wrongful death claim and making all the decisions concerning the resolution of the personal injury case through a negotiated settlement or jury trial.
Why Juries Award Punitive Damages
Successful personal injury and wrongful death settlements provide compensatory damages to cover costs such as medical bills, lost wages, and funeral expenses. These damages aim to help the victim or their family recover financially.
In cases where the defendant’s actions were particularly egregious, a jury may award punitive damages to punish the liable party. The purpose is to deter wrongful conduct and hold wrongdoers accountable.
Illinois laws permit these damages for a death caused by malice, aggravated battery, or willful and wanton conduct.
Compensatory and punitive damages aim to compensate victims and loved ones for all costs related to a fatal accident.
Wrongful Death Compensation
In the event of a loved one’s tragic demise, sudden expenses and charges may quickly overwhelm you.
However, you may be eligible for compensation if you file a lawsuit to recoup the costs and compensate for your pain and suffering in the wrongful death matter.
Your monetary recovery might include the following:
- Hospitalization expenses in medical bills
- Lost income
- Future lost earnings
- Mental anguish
- Funeral & burial expenses
- The pain and suffering the deceased person experienced before dying
- The family survivors’ pain, suffering, and grief
Based on data, the typical length of time it takes for surviving families to resolve a wrongful death lawsuit in the Champaign-Urbana area is one year.
If you file a lawsuit against the responsible party, your case will likely be settled outside court. A settlement is the most common resolution in these types of lawsuits because parties involved are given more control over their outcome and how much value to place on each claim.
Our Personal Injury Law Firm Will Review Your Champaign Wrongful Death Claim for Free
You may be entitled to compensation if your loved one died in an accident and you believe that someone else’s negligence contributed.
Rosenfeld Injury Lawyers, LLC has helped thousands of families secure the maximum compensation the law provides, and our Champaign wrongful death attorneys are prepared to fight on your behalf.
Call Illinois wrongful death lawyer at (888) 424-5757 to schedule a free initial consultation for legal advice and a case evaluation by a Champaign County lawyer at our law firm.
Our Champaign, IL, law office can gather the information needed to investigate your beloved family member’s death and inform you of your legal rights and options. If our legal team cannot secure financial compensation, be assured our services will be free.