Naperville Wrongful Death Lawyer
Fatal accidents are often devastating for 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 obtain fair compensation under Illinois law.
Our experienced 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 having to worry about finances as well.
Call a Naperville personal injury lawyer 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 difficult to know what to do. Fortunately, the legal system provides a way to seek justice.
However, the legal system is complex and intimidating. Still, our Naperville wrongful death attorneys are here to help you understand your rights and options when dealing with this kind of tragedy.
If someone else is at fault in your loved one's death, you can file a wrongful death 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 be depending on their 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 LLC are committed to ensuring that justice is brought to those responsible for the death of our client's loved ones.
We'll recover the compensation they need to meet their obligations 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 due to an accident, which is the leading cause of death for those between birth and forty.
Such accidents could include:
- Car accident
- Truck wrecks
- Pedestrian/traffic accident
- Contact with hazardous materials
- Medical negligence
- Medication errors
- 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 is the case, 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 financial support with and from the deceased.
The decedent's survivors can seek monetary recovery to pay for medical expenses, funeral costs, future lost earnings, lost wages, and other costs you and the family deserve.
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 involve 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 of the victim
- Explosions, fires, or electrical accidents
- Medical negligence that results in the death of the victim
- 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, and it is the responsibility of those at fault to provide compensation to the families of their victims.
It includes the pain and suffering the victim felt before death, the cost of burial and memorial, and the wages the victim contributed to their family.
Loss of consortium must also be considered, as the deceased is sure to have had very close relationships with the rest of their family members.
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.
Rosenfeld Injury Lawyers LLC has over 30 years of combined experience fighting for victims' rights concerning wrongful death claims. We have a strong reputation as a firm that fights for those who the irresponsibility of others has killed.
In many cases, victims die due to another's negligent actions. These actions can be traced back to preventable accidents that cause financial instability among the members of the deceased's family.
Insurance Company Bad Faith & Naperville, IL 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.
Without compensation, families cannot recover after losing a loved one in this type of tragic accident.
These medical negligence suits are typically complex, and exactly determining what happened is complicated. Suppose you are seeking damages for wrongful death. In that case, it is important to consult with an experienced Naperville personal injury lawyer who will explain your options and help you through the process of bringing those at fault to justice.
These cases usually involve strong evidence that a skilled wrongful death attorney can use to secure compensation for victims in the past.
In addition, we understand how a company's insurance works and what they will need to do to provide you with the compensation you deserve for your loss.
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 complicated wrongful death cases occur in motor vehicle accidents, or multiple parties may be at fault for causing the crash, injuries, and fatalities.
In these cases, the claims adjuster or insurance company 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 insurance company might refuse to accept any responsibility or blame for the mistake.
Insurance Companies are Not Always Honest
Insurance companies may try to take advantage of you while your family is still suffering from a loss because of their negligence.
They might use any excuse not to compensate you, especially if other parties can be held partially responsible for your family member's death. It is why it is important to retain an experienced lawyer who can fight for your rights.
Our staff of professionals will help provide financial compensation for all of your losses that you have suffered from others mistakes. Although the pain of losing a loved one cannot be forgotten, we can at least attempt to provide you with the compensation necessary to move on with your life.
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 when family members cannot agree on proceeding with a claim or who has the right to the recovered compensation.
We can help you protect your rights when this becomes a wrongful death case so that you can secure the maximum amount of compensation that the law will allow.
Social and economic factors 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 funeral expenses, the hardship the family will need to endure as they cope with the loss, pain, and suffering that the family and victim have both 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.
For example, a drug manufacturer must ensure that the patient is safe from harm while taking the drug. Likewise, a product designer must ensure that their product is designed safely for use by the public. If they fail to do so, they can be held accountable for any injuries or fatalities because of their negligence.
The law takes every possible precaution to protect consumers from defective products. However, if it is determined that they did not uphold this standard, then they can be held responsible for injuries, pain, and suffering, lost wages, medical bills, and burial costs.
When a Person 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 that their harm was caused by another person's mistake.
Wrongful death claims can be filed against those responsible for a defective product. This claim will be successful if the victim or their family member can prove that: 1) there was a duty of care owed to them and 2) the defendant's negligent actions have breached this duty.
The first element requires proof that the defendant owed the victim or his family the duty of care. This duty is expressed as an obligation to act in a certain way to prevent others from being harmed. The second element requires proof that the defendant breached this duty by failing to act reasonably.
The defendant may attempt to prove that they did not breach their duty of care, but this usually does not hold up in court.
Most of the time, product recalls or warnings that are issued after an injury has occurred will suffice to prove that they failed to uphold their duty of care once it is proven that the injury was caused by their faulty design or manufacturing process.
Qualifying Family Members Filing Claims over the Victim's Death
Under Illinois law, qualifying family members 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 child 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
To be eligible to file a claim for wrongful death, 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. It does not matter if this dependency is emotional, physical, or financial.
So long as the deceased person 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 will be able to 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 wrongful death claim 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 claim against the person convicted in their partner's homicide case. They must prove that negligence on the part of this individual directly contributed to the victim's death.
- Unmarried Couples: An unmarried couple may file a wrongful death claim if they prove that they were living together as a family for at least 12 months before the victim's passing. The claimant will need to provide proof of contributions made by both parties before their domestic partnership to win this type of suit.
- Siblings: Siblings will be able to file a claim for wrongful death if they are financially dependent on the deceased either through emotional, physical, or financial support. To succeed in this type of claim, siblings must also prove that they have suffered a loss due to their sibling's death.
- Children of Homicide Victims: Parents of a deceased child who was killed due to negligence may file a claim for the wrongful death of their child. The parent must show that they were dependent on their child for emotional, physical, or financial support to make this type of claim.
- Grandchildren and Great-Grandchildren: In Illinois, grandchildren and great-grandchildren may file a claim for the wrongful death of their grandparents or great-grandparents. The claimant must prove that they were financially dependent on their elders to make this type of claim.
- Parents, Grandparents, and Great-Grandparents: Parents, grandparents, and great-grandparents can file a wrongful death suit if financially dependent on their children, grandchildren, or great-grandchildren for emotional, physical, or financial support. Any claimants will have to show that they have suffered a loss due to the victim's death to be eligible for fair and just compensation.
- Legal Entities: Legal entities such as churches and benevolent societies can file a wrongful death claim if they are financially dependent on the deceased individual and their business.
- Stepchildren: A stepchild will be able to file a wrongful death suit to prove that they had been dependant on financial support from the person who passed away before their 16th birthday. The claimant must also show that they directly relied on the decedent for financial support six months before their death.
- Unmarried Partners: An unmarried partner will be able to file a wrongful death claim to prove that they were dependant on the deceased individual financially, emotionally, or physically. The claimant must also show that they relied on their domestic partner for at least 12 months before their passing.
- Domestic Employees: A household employee who worked for at least one year in the deceased's home may file a wrongful death suit against their employer if their negligence directly contributed to the victim's death. To do so, they must first provide proof of financial dependence on the decedent and proof that they relied on them for emotional, physical, or financial support.
- Medical Malpractice: A medical negligence wrongful death claim may be filed if a spouse, child, sibling, stepchild, parent, grandparent, stepparent, or grandparent was injured and subsequently died due to a healthcare provider's negligence a doctor or hospital. The claimant must prove that the defendant owed a duty of care to their loved one, breached this duty by providing negligent treatment (or failing to provide necessary treatment), and as a result, caused the decedent's injury or death.
In Illinois, personal injury lawsuits are complicated and based on complex civil 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 and wrongful death lawsuits.
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 case ever makes it to trial.
Typically, an experienced wrongful death attorney will build a case to negotiate directly with the defendant's insurance company to ensure that their client receives maximum financial compensation.
However, suppose there is an extended battle over how family members should meet fair compensation after a judgment or settlement is awarded. In that case, the presiding judge will determine how the benefits will be distributed following a special hearing.
Our Naperville wrongful death attorneys can help you negotiate before this becomes necessary and protect your interests if it needs to go this far.
Have Your Case Reviewed for Free by a Naperville Wrongful Death Lawyer
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 recover the compensation you are entitled to so that you can move forward with your life in the best manner possible.
Our Naperville, Illinois law firm has helped thousands of families seek and find the justice they deserve, and our lawyers have recovered millions of dollars on behalf of our clients. We are confident our law firm can do the same for you through a successful wrongful death claim.
Contact an experienced wrongful death attorney today 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 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. Additionally, our services will be completely free of charge should our law firm fail to secure compensation on your behalf.
Naperville Wrongful Death Lawyer Resources