Fatal accidents often devastate the victim’s family. In addition to the personal loss, families may worry about their financial futures, especially if the decedent helped provide for the family.
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys specialize in helping families who have lost loved ones due to another party’s negligence or wrongdoing to obtain fair compensation under Illinois law.
Our experienced Naperville wrongful death lawyers will help you navigate this difficult time by providing compassionate counsel while aggressively pursuing justice on your behalf so that you can focus on grieving without worrying about finances.
Call our Naperville personal injury attorneys at (888) 424-5757 or use the contact form for immediate legal advice and to schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship!
Wrongful Death Cases
When a loved one dies in an accident, it can be challenging to know what to do. Fortunately, the legal system provides a way to seek justice.
However, the legal system is complex and intimidating. Our Naperville wrongful death attorneys help you understand your rights and options when dealing with this tragedy.
If someone else is at fault in your loved one’s death, you can file a personal injury claim against that person or company and pursue compensation from them through civil court proceedings.
Whenever someone dies in an accident, the person leaves behind a family who may depend on their financial contributions and companionship, making the event a life-changing tragedy that can permanently impact each family member’s life.
Our Naperville wrongful death attorneys are committed to ensuring that justice is brought to those responsible for the death of our client’s loved ones.
We’ll help you recover the financial compensation needed to meet your obligations now and in the future. Our law offices are prepared to fight if you have lost a loved one.
Personal Injury Accidents Contribute to Most Deaths Before the Age of Forty
According to the National Safety Council, Americans under 40 who die prematurely are most likely to have died due to an accident, which is the leading cause of death for those between birth and forty.
Such accidents could include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Contact with hazardous materials
- Medical negligence
- Medication errors
- Construction site accidents
- Nursing home abuse and negligence
- Workplace accidents
In many cases, another person’s negligent behavior or an employer’s inaction have been large factors in the person’s death.
When this happens, the family has the right to file a wrongful death lawsuit against those responsible because the negligent party or parties contributed to a preventable accident that cost a family their relationship and the deceased’s financial support.
The decedent’s survivors can seek monetary recovery to pay for medical expenses, funeral costs, burial expenses, future lost earnings, lost wages, and other costs you and the family deserve.
Of the many possible instances where wrongful deaths apply, below are some cases where we have been able to recover compensation for the deceased.
Types of Naperville Wrongful Death Lawsuits
- Motorcycle accidents involving other motorists or the death of passengers due to the person operating the motorcycle at the time of the accident
- Pedestrian accidents involving distracted, drunk, or reckless drivers
- Car or truck accidents where the negligent driver killed the victim through their irresponsible actions
- Lead poisoning or contact with corrosive chemicals or other hazards that may result in death
- Nursing home negligence or neglectful treatment of elderly patients
- Severe dog bite cases result in the death
- Explosions, fires, or electrical accidents
- Construction accidents
- Medical negligence that results in the victim’s death
- Product liability due to manufacturer defects
- Workplace accidents involving negligent employees or employers
Any accident that could have been prevented through reasonable means that claims another person’s life could constitute wrongful death. It is the responsibility of those at fault to compensate the families of their victims.
Loss of consortium must also be considered, as the deceased is sure to have had very close relationships with the rest of their family.
Medical Malpractice Cases
In many cases, the victim died due to the negligent actions of a medical professional who failed to follow protocols and acceptable standards of care.
These wrongful death cases are built on malpractice tort law, and much like personal injury lawsuits, the responsibility of filing a claim is on the deceased’s family.
The laws exactly surrounding what constitutes medical negligence are strict, and several requirements must be met to file a lawsuit against negligent parties.
Our Naperville wrongful death lawyers have over 30 years of combined experience fighting for victims’ rights concerning wrongful death claims. Our wrongful death lawyers fight for those killed by others’ irresponsibility.
Insurance Company Bad Faith & Using a Naperville Wrongful Death Lawyers
Naperville wrongful death cases are often filed against insurance companies that refuse to pay for losses the family has incurred because of the negligence of their deceased.
These medical negligence suits are typically complex, and exactly determining what happened is complicated. If you are seeking wrongful death damages, it is essential to consult with an experienced Naperville personal injury lawyer who will explain your options and help you bring those at fault to justice.
Medical malpractice cases usually involve strong evidence that a skilled Naperville wrongful death lawyer can use to secure victim compensation.
Sometimes, more than one defendant is named in the civil lawsuit where the victim, or their wrongful death attorney, will claim that the hospital, medical facility, doctor, nurse, or other health care provider was at fault for causing their loved one’s death.
Complicated Car Accidents
Other complex wrongful deaths in motor vehicle accidents or multiple parties may be at fault for causing the crash, severe injuries, and fatalities.
In these car accident cases, the claims adjuster or insurance carrier might push back, hoping that all or partial responsibility can be placed on others and pushing the financial compensation onto the other parties.
In these cases, the insurer might refuse to accept any responsibility for negligent conduct or take the blame for the fatal injuries.
Insurance Companies are Not Always Honest
Insurance companies may try to take advantage of you while your family suffers a loss. They might use any excuse not to compensate you, primarily if other parties can be held partially responsible for your family member’s death. Retaining an experienced lawyer who can fight for your rights is crucial.
Our staff of professionals will help provide financial compensation for all the losses you have suffered from others’ mistakes.
How to Decide Who Should File the Naperville Wrongful Death Claim
In most cases, we recommend that the surviving spouse file a wrongful death claim, but there are some cases where a parent, child, or sibling may be best suited to file the suit.
While most families are cooperative, there may be an occasion when family members cannot agree on proceeding with a claim or who has the right to recover compensation.
Our law offices will protect your rights when this becomes a wrongful death case so that you can secure the maximum compensation the law will allow.
When assessing the fatal accident claim’s value, social and economic factors must be considered to ensure a fair settlement.
In addition to the financial contribution the deceased made to the family, our law offices will consider the funeral expenses and the hardship the family will need to endure as they cope with the loss, pain, and suffering that the family and victim have endured.
Wrongful Death Cases and Strict Liability
Under Illinois, strict liability laws, product designers and manufacturers can be held legally liable for any product that causes severe injury or death. In addition, the law clearly states that these manufacturers must take every necessary precaution to ensure that the product is safe for use by the public.
The law takes every possible precaution to protect consumers from defective products by holding the responsible party accountable. However, if it is determined that they did not uphold this standard, they can be held responsible for injuries, pain, suffering, lost wages, medical bills, and burial costs.
When Someone is Killed as a Result of a Defective Product
In the case of a defective product, an injured party or surviving family member can file a personal injury claim against those responsible. However, this type of claim will only be successful if the injured party has proved their harm was caused by another person’s mistake.
Claims involving wrongful deaths can be filed against those responsible for a defective product. This claim will be successful if the victim or their family member can prove the following:
- There was a duty of care owed to them
- The defendant’s negligent actions have breached this duty
Qualifying Families Filing Claims over the Victim’s Death
Under state law, qualifying families can file a wrongful death claim involving the deceased person against all responsible parties who caused their death.
In Illinois, these parties include:
- Parents, if there are no surviving children or a minor family member has passed away as well
- An unmarried partner with whom the victim had been cohabitating for at least 12 months before their death
- Child dependents
- A personal representative of the deceased person’s estate
To be eligible to file a claim, you do not have to be related by blood or marriage to the victim.
To file a wrongful death claim, the claimant must have been dependent on the deceased for financial support in some way. Whether this dependency is emotional, physical, or financial does not matter. So long as the decedent has lost financial contribution, they may qualify for a wrongful death claim.
Special Rules for Every Relationship Type
Different rules apply to each unique relationship type. These are as follows:
- Parents of Unborn Children: Parents can file claims for the death of their unborn child who passed away before birth due to injuries sustained before or during labor and delivery. However, a claim for a wrongful act will only be allowed if the child would have survived had it not been for their birth injuries.
- Spouses of Homicide Victims: A spouse may file a wrongful death lawsuit against the person convicted in their partner’s homicide case. They must prove that someone else’s negligence directly contributed to the loved one’s death.
- Unmarried Couples: An unmarried couple may file a claim if they prove they were living together as a family for at least 12 months before the victim’s passing.
- Siblings: Siblings can recover damages if they are financially dependent on the deceased, either through emotional, physical, or financial support.
- Children Who Are Homicide Victims: Parents of a deceased child killed due to negligence may file a claim for the minor’s preventable death. The parent must show that they depended on their child for emotional, physical, or other support to make this claim.
- Grandchildren and Great-Grandchildren: In Illinois, grandchildren and great-grandchildren may file a claim for the wrongful deaths of their grandparents or great-grandparents. The surviving family members must prove they depended financially on their elders to make this claim.
- Parents, Grandparents, and Great-Grandparents: Parents, grandparents, and great-grandparents can file a lawsuit if financially dependent on their children, grandchildren, or great-grandchildren for emotional, physical, or financial support.
- Legal Entities: Legal entities such as churches and benevolent societies can file a fatal accident claim if they depend financially on the deceased individual and their business.
- Unmarried Partners: An unmarried partner can file a compensation claim to prove they depended on the deceased individual financially, emotionally, or physically.
- Domestic Employees: A household employee who worked for at least one year in the deceased’s home may file a lawsuit against their employer if their negligence directly contributed to the death.
Surviving family members may file a medical malpractice claim if a spouse, child, sibling, stepchild, parent, grandparent, stepparent, or grandparent was injured and subsequently died due to a healthcare provider’s negligence by a doctor or hospital.
In Illinois, civil lawsuits are complicated and based on complex tort law. Usually, only a competent wrongful death lawyer can accurately identify what qualifying surviving family members have the right to file personal injury cases.
The Settlement of Disputes Over Benefits Following a Wrongful Death Lawsuit
Approximately 95% of all wrongful death lawsuits are resolved out-of-court before the personal injury case is tried in court.
Typically, an experienced wrongful death attorney will build a case to negotiate directly with the defendant’s insurer to ensure their client receives maximum financial compensation.
Should there is an extended battle over how families should split fair compensation after a judgment or settlement is awarded, the presiding judge will determine how the benefits will be distributed following a special hearing.
Our Naperville wrongful death lawyers can help you negotiate before this hearing becomes necessary and protect your interests if it needs to go this far.
Have Your Case Reviewed for Free By Naperville Wrongful Death Attorneys
Did you lose a loved one through a wrongful death? If so, the Naperville wrongful death lawyers at Rosenfeld Injury Lawyers, LLC could help you obtain the financial recovery you are entitled to move forward with your life in the best manner possible.
Our Naperville, Illinois, law firm has helped thousands of families seek and obtain the justice they deserve, and our lawyers have recovered millions of dollars on behalf of our clients. Our law firm can do the same for you through a successful wrongful death lawsuit.
Contact experienced Naperville wrongful death lawyers at (888) 424-5757 to schedule a free consultation. Our legal team can evaluate the details of your claim and let you know what you can expect if you choose to pursue a wrongful death lawsuit.
Since our Cook County law firm works solely on a contingency fee basis, you are guaranteed that your Naperville, IL, wrongful death lawyer will never require any upfront fees.