Whenever someone dies in an accident, the person leaves behind a family who may be depending on his or her financial contributions and companionship, making the event a life changing tragedy that can impact the course of each family member’s life permanently. The Naperville wrongful death attorneys of Rosenfeld Injury Lawyers are committed to making sure that justice is brought to those who are responsible for the death of our clients’ loved ones and recovering the compensation they need to be able to meet their obligations both now and in the future. If you have lost a loved one, we are prepared to fight on your behalf.
Accidents Contribute to Most Deaths before the Age of Forty
According to the National Safety Council, Americans under the age of 42 who die prematurely are most likely to have died as the result of an accident, which is the leading cause of death for those between birth and forty. Such accidents could include car wrecks, truck accidents, fires, contact with hazardous materials, medical negligence, medication errors, choking, drowning and 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 is the case, the family has the right to file a wrongful death lawsuit against those who are responsible on the grounds that the negligent party or parties contributed to a preventable accident that cost a family their relationship and financial support with and from the deceased. Of the many possible examples of instances where wrongful death may apply, here are some examples of cases where we have been able to recover compensation on behalf of 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 his or her 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 resulting in the death of the victim.
- Explosions, fires or electrical accidents.
- Medical malpractice that results in the death of the victim.
- Product liability due to manufactural defects.
- Workplace accidents involving negligent employees or employers.
Any accident that could have been prevented through reasonable means that claims the life of another person could constitute wrongful death and it is the responsibility of those at fault to provide compensation to the families of their victims. This includes the pain and suffering the victim felt prior to death, the cost of burial and memorial and the wages that the victim contributed to his or her family. Loss of consortium must also be considered, as the deceased is sure to have had very close relationships with the rest of the members in his or her family.
How to Decide Who Should File the Naperville Wrongful Death Claim
In most cases, we recommend that the victim’s 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 where family members are unable to agree on how to proceed with a claim or who has the right to the compensation that is recovered. We can help you protect your rights when this becomes the case so that you are able to secure the maximum amount of compensation that the law will allow.
There are social and economic factors that need to be considered whenever assessing the value of a wrongful death claim. In addition to the financial contribution that the deceased made to the family, we need to consider the cost of funeral services, the hardship the family will need to endure as they cope with their loss and the pain and suffering that the family and victim have both endured.
The Settlement of Disputes over Benefits Following a Wrongful Death Settlement
If there is an extended battle over how compensation should be meted out to family members after a judgement or settlement is awarded, the presiding judge will make the final determination of how the benefits will be distributed following a special hearing. Our Naperville wrongful death lawyers can help you negotiate before this becomes a necessity and to protect your interests if it needs to go this far.
Have Your Case Reviewed for Free by a Naperville Wrongful Death Lawyer
If you have lost a loved one in an accident, Rosenfeld Injury Lawyers may be able to help you recover the compensation you are entitled to so that you can move forward with your life in the best manner possible. We have helped thousands of families seek and find the justice that they deserve and our lawyers have recovered millions of dollars on behalf of our clients. We are confident we can do the same for you.
Contact us today to arrange a free consultation with one of our award winning Naperville wrongful death attorneys so that we can evaluate the details of your claim and let you know what you can expect if you choose to pursue a lawsuit. Since we work solely on contingency, you are guaranteed that we will never require any upfront fees and that our services will be completely free of charge if we fail to secure compensation on your behalf.