Aurora Wrongful Death Attorneys
If you have lost a loved one in an accident caused by someone else's negligence, it can be hard to cope with the loss.
But, unfortunately, grieving is not always enough for victims or their families who are forced to cover medical bills and funeral costs because they don't recover compensation from the liable party through a personal injury claim.
Reach out to a personal injury attorney at Rosenfeld Injury Lawyers, LLC, who can help answer important questions and guide you through the legal process of filing a claim on behalf of your deceased loved one. Our law firm has been helping families recover financial damages for years.
Call an Aurora, IL personal injury lawyer at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
What is Wrongful Death?
Wrongful death is a legal term based on civil tort law that describes the legal responsibility of one person or entity for the death of another human being.
Wrongful deaths are caused by the negligent, careless, intentional acts of individuals and companies involved in:
- Car accidents
- Bicycle crashes
- Medical malpractice at hospitals
- On-the-job accidents in construction or transportation fields
- Defective products that cause injury
- Wrongful death to those exposed to hazardous materials and chemicals
If your loved one died as a result of someone else's negligence, you might be able to file a wrongful death claim with the help of our Aurora wrongful death attorneys.
An experienced lawyer can advise you on what legal steps should be taken next and represent your interests in court if necessary.
Why Some Fatalities Are Classified As Wrongful Death
Legally, wrongful death cases typically involve a fatality caused by intentional or negligent actions that could include people, entities, and corporations.
Sometimes, the wrongful death results from a defective product with faulty components in its design, manufacturing, or use.
Other times, the wrongful death results from a catastrophic accident on the road, at work, or in public places.
Examples of Wrongful Death Cases
In many cases, families are entitled to financial compensation when the reckless actions of others cause the death of a loved one.
Unfortunately, these burdens are even greater for low-income families who are struggling to make ends meet.
Some wrongful death victims include:
- A surviving spouse who has lost a long-time companion that provided emotional support, physical comfort, and financial help: The loss of this individual is not just about actual money but also companionship, family stability, married life/security, continuity of family, continuity of income, sharing holidays with the person's family, and even losing a vacation home or property they shared.
- A young child who has suddenly lost one or both parents: While this might be obvious to some, it is not always immediately clear how the absence of a parent will physically affect children until they are adults. The lack of a parent in their life can lead to depression, anxiety, violence, low grades in school, trouble with the law (such as juvenile delinquency), promiscuity/lack of self-esteem/loss of confidence, and other social issues.
- Surviving children who do not have any parents to take care of them: This includes orphans or children who lost one parent, and the other parent cannot take care of them due to illness, imprisonment, or lack of other family members.
- Adult children who had lost their parents before they were ready to retire: These individuals are often forced into early retirement at a time when they should be enjoying life with their spouse and ten children. They have lost time with their children as they were expected to support them financially or not receive assistance once they retired.
- The surviving family members of a deceased person who developed a child from semen, egg, or embryos from another family member: In this instance, the parents have been forced into pregnancy against their will. They did not agree to the procedure, and they were never asked if they wanted a pregnancy that would forever change their lives.
If you lost a loved one in a wrongful death accident, you should call our Chicago wrongful death attorneys today at (888) 424-5757 or fill out an online contact form for a free case evaluation. We can provide you with more information about your legal options and fight for the financial compensation you and your family deserve.
Wrongful Death and a Family's Legal Rights
In Illinois, families of a decedent who lost their lives to reckless or negligent actions have legal rights. In addition, the law provides legal remedies for financial compensation under the Wrongful Death Act for survivors of those who died due to an individual's recklessness or negligence.
Families can file a wrongful death claim against the following individuals (and their insurance policies) if they were responsible for an accident that led to another person's death:
- Truck drivers
- Taxi drivers
- Bus drivers
- Bicycle riders
- Drunk/impaired drivers
To receive compensation under the Wrongful Death Act, a family must file a wrongful death claim within two years of the accident that led to their loved one's death.
A family can miss out on financial compensation if they do not file within the appropriate time limit.
Hiring a Chicago Wrongful Death Lawyer Who Fights for You
Has someone you love passed away because of reckless or negligent actions? If so, it is vital to discuss your legal options with an experienced Aurora wrongful death lawyer as soon as possible. We will fight for you and your family's legal rights to get the financial compensation you deserve.
Do not hesitate to call our Chicago wrongful death attorneys today at (888) 424-5757 or request a free case evaluation online if someone you loved died due to another person's recklessness or negligence.
When you hire us, we will handle the legal side of your case so you can focus on taking care of your family, remembering your loved one, and moving forward.
Toll-Free: (888) 424-5757 24 Hours a Day, 7 Days a Week
Accidents Among Top Causes of Death in the United States
According to the National Highway Traffic Safety Administration (NHTSA) data, fatal accidents are the leading cause of death in the United States. Recent statistics show that over 33,000 people died in motor vehicle accidents across the country in 2013.
Of those fatalities, over 10 percent of fatal car crashes involve drunk drivers. In addition, the individual had a blood alcohol concentration (BAC) three times or more than the legal limit.
Additionally, approximately 2.3 million people were injured in motor vehicle accidents in 2013.
Over 180,000 of those people were injured so severely they required emergency medical attention outside the hospital. NHTSA estimates show that approximately one out of every five car accident victims suffers serious injuries compared to traffic fatalities alone.
Car Accidents are Especially Devastating for Victims and Families
Car accidents are especially tragic because they are preventable accidents caused by the reckless or negligent actions of another.
A person does not have to intend to hurt someone for their conduct to be reckless or negligent. If a driver is distracted, speeding, under the influence, late for work, etc., they can still cause an accident leading to fatal injuries.
Accidents involving motor vehicles are tragic because of the number of lives lost or the personal injuries incurred and the negative effects they have on survivors.
The financial stress and emotional trauma caused by a fatal accident can be unbearable for victims and families.
In addition, many people who survive deadly accidents experience depression, anxiety, post-traumatic stress, and other emotional injuries that can lead to serious medical problems in the future.
The media is often quick to cover accidents involving celebrities or political figures. Still, they usually fail to inform people on a national level about accidents where regular citizens are killed. Even though these victims may never make headlines, their lives still matter.
Accidents happen every day across the country, and there are thousands of individuals suffering injuries caused by negligent drivers. In addition, many families lose their breadwinners because of automobile accidents involving drunk or reckless drivers where someone is killed or incapacitated.
Types of Aurora Wrongful Death Lawsuits
Our wrongful death attorneys have handled and reviewed hundreds of wrongful death lawsuits throughout Illinois. Some of these cases have been especially egregious in Aurora and DuPage County, Kane County, Kendall County, and Will County.
Many of these cases involve:
- Auto accidents
- Truck accidents
- Motorcycle crashes
- Pedestrian fatalities
- Construction site accidents
- Nursing home malpractice deaths
- Medical malpractice fatalities
- Dog bites resulting in death
- Premises liability from slip and fall cases
- Wild animal attacks
- Workplace injuries
Wrongful deaths are especially devastating to loved ones who are left behind. They are emotionally difficult cases that involve dealing with the loss of a family member and finding someone or some entity accountable for their passing.
Wrongful death lawsuits are filed to hold the responsible party or parties legally accountable for their negligent, reckless, or intentional conduct.
Filing a lawsuit against the guilty party is the only way victims and their families can receive justice after an accident that ended up taking someone's life.
Medical Malpractice and Wrongful Death Claims
Statistically, a high percentage of wrongful death cases involve medical malpractice, or doctor, nurse, health care provider, or facility took the life of a loved one through a medical error or negligence.
These cases often involve some of the following:
- Birth injuries resulting in death (SIDS, Cerebral Palsy, Erb's palsy, etc.)
- The failure to diagnose or treat medical conditions
- Medication adverse effect on patient
- Nursing home negligence causing injury or death
- Failure to provide proper care in a health facility
- Misdiagnosis or misapplication of medical condition
- Implanting a defective medical device
- Untreated conditions
- Infections, including sepsis (blood infection) and osteomyelitis (bone infection)
- Bedsores (pressure wounds, pressure sores, pressure ulcers, decubitus ulcers)
Many families receive fair settlements by filing medical malpractice cases or wrongful death lawsuits when their attorney can prove that the responsible party's negligence caused the fatal injury.
Deciding Who Should File Your Aurora Wrongful Death Claim
Nearly all close relatives of a decedent who died a wrongful death have the legal right to file a civil lawsuit seeking financial compensation. But how does the family decide who should file the Aurora wrongful death claim?
An Aurora wrongful death attorney can provide legal representation and advice on how to best initiate a wrongful death lawsuit seeking substantial compensation so that every family member is helped financially through their hardship.
Who Can Settle Familial Disputes Over Benefits?
There are familial disputes over the extent or amount of financial compensation son benefits each family member can receive in some cases. However, these cases are typically resolved in many steps to help determine who gets what and when.
The first step is determining the legal priority for filing under the Illinois Wrongful Death Act. Once that is established, many other factors can be examined to establish financial priorities for survivors.
In some cases, all potential beneficiaries sign a contract agreeing to divide a financial award for an avoidable death equally.
However, in cases where there are contentious family disputes over who should get what, a personal injury attorney can help sort through the issues to determine which parties deserve compensation from the Aurora wrongful death funds.
Pursuing Financial Compensation After a Wrongful Death
In most cases, an Aurora wrongful death claim is only settled after a civil lawsuit against the parties deemed responsible for the accident.
It usually takes months to resolve these cases, and they can take even longer when there are disputes between clients over how much each one should receive from the wrongful death funds.
Our personal injury attorneys have experience helping families file lawsuits seeking substantial awards in wrongful deaths throughout Illinois. As a result, most preventable death cases are settled out of court through negotiation.
However, some lawsuits are resolved through verdicts, and it is not uncommon for jury awards to reach seven figures in some particularly egregious cases.
Our wrongful death lawyers have represented many clients whose family members were killed by drunk drivers or reckless motorists who did not follow traffic laws.
Filing a civil lawsuit is not a quick road to financial recovery. To successfully resolve the case, the plaintiff (injured party) must prove negligence or intentional actions of one person/entity (responsible party) that took another person's life. In civil tort law, proving negligence includes:
- Establishing the existence of a duty to conform one's conduct to a certain standard of care
- Determining whether this duty was breached
- Proving causation, i.e., that the defendant's breach was the proximate cause of the plaintiff's injuries or damages
- The plaintiff's injuries, damages, or death can be proven in court
Aurora Wrongful Death Lawyers Can Help You File Your Claim
The civil wrongful death claims process, including filing a wrongful death claim, is no easy task. An experienced Aurora personal injury lawyer can help you determine whether you have legal grounds for filing a civil claim.
They will also assemble the necessary evidence to prove the defendant's negligence and request compensation on the family's behalf.
Much of the evidence and documented proof needed to resolve a claim successfully include:
- Gathering evidence from the accident scene
- Obtaining police reports and medical records
- Speaking to eyewitnesses
- Conducting a thorough investigation into the defendant's background
An Aurora wrongful death lawyer can ensure that the loved one's death is not in vain by ensuring that the family receives fair compensation.
A passionate lawyer will investigate how the accident happened and take appropriate action to ensure their client gets what they deserve by filing a wrongful death claim.
What Compensation to Expect from a Wrongful Death Case
According to data, possibly 95% of all personal injury cases involving a preventable death are resolved out of court through a negotiated settlement. Only a small portion of the remaining cases are heard before a judge and jury.
Typically, aurora personal injury lawyers resolving claims will seek substantial compensation to pay for various damages, including:
- Hospitalization costs and medical bills before the decedent passed away
- The dead person's pain-and-suffering before they died
- Lost wages and future lost earnings
- Loss familial support
- Loss of companionship and consortium
- The family's pain, suffering, and grief after losing a loved one
- Additional financial burdens caused by the accident, malpractice, or incident the claimed their loved one's life
Typically, personal injury claims tend to be resolved within one to two years after the accident or event occurred. However, should both sides fail to reach a negotiated agreement to resolve the case, an Aurora wrongful death attorney working for the plaintiff (injured parties) will file a civil lawsuit to take the case to trial.
At that point, the judge will preside over the personal injury case, allowing the jurors to determine who is at fault for causing the death and who must pay should they agree with the plaintiff's case.
These cases are often costlier for the plaintiff (injured family), who must hire medical professionals to service expert witnesses at depositions and trials.
Usually, personal injury attorneys will take a higher percentage of the amount obtained from putting on a trial because of the additional costs and time involved.
Schedule a Free Case Evaluation With a Qualified Aurora Wrongful Death Lawyer
Did your family lose a loved one through the negligent actions of others? Are you seeking compensation to move past your financial burdens while you grieve?
An Aurora wrongful death attorney at Rosenfeld Injury Lawyers, LLC, can work on your behalf to ensure you receive a maximum monetary recovery from all parties responsible that led to the fatality.
Call our personal injury law firm at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free legal consultation.
Our personal injury law firm accepts all wrongful death claims on a contingency fee basis, meaning that no upfront fees are paid until the case is resolved through a negotiated settlement or jury award.