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Schaumburg Wrongful Death Lawyer

If your loved one died because of an accident caused by another party's negligence, you might have grounds for a wrongful death lawsuit. In addition to compensation for funeral expenses and damages related to pain and suffering, you could receive money from the responsible party that covers lost wages or other financial losses sustained after your loved one's death.

You may also be eligible for compensation if your family member had life insurance coverage that names you as a beneficiary of their policy. Rosenfeld Injury Lawyers, our personal injury attorneys, are legal advocates for surviving family members who lost a loved one through a preventable death.

Call our Schaumburg personal injury attorneys at (888) 424-5757 (toll-free phone number) or use the contact form for immediate legal advice and schedule a free consultation. All confidential or sensitive information you share with our personal injury law firm remains private through an attorney-client relationship.

Schaumburg Wrongful Death Lawyer

What Is Wrongful Death?

Wrongful death means that an individual has died because of someone else's carelessness, negligence, or intentional wrongful actions. For example, a death caused by a third party's reckless or negligent behavior can fall under the umbrella of wrongful death.

In Illinois, wrongful death cases are subject to common law but fall under the Illinois Wrongful Death Act. This act allows individuals who have lost a loved one because of someone else's negligence to file a claim against that negligent party.

The Traditional Elements for Proving a Wrongful Death Case

To successfully win a wrongful death lawsuit, the plaintiff (surviving family member)or Schaumburg personal injury lawyer must provide evidence that the following occurred:

A close family member died because of someone else's negligence. The surviving loved one could file a wrongful death lawsuit even if they weren't present when their loved one died. If you are filing a case on behalf of your deceased relative, it is important to prove that they were killed because of negligent behavior.

Interests of the Decedent

To bring a wrongful death claim, you must be able to show that your relative had a financial interest in winning or receiving compensation for their case.

For example, if they were not married, had no children, and did not financially provide for any direct family member, it would be impossible to bring a wrongful death case on their behalf.

Even so, there might be others who can take legal action through the claims process. For example, the lawyers for the decedent's estate might be able to file a wrongful death case to prove that the decedent was financially responsible for them at the time of their death.

Liability

If someone negligently caused your loved one's death, then it is likely you can file a wrongful death claim on their behalf. You must be able to show that one or more defendants (negligent parties) were directly involved in the victim's death.

Contact Schaumburg, IL, wrongful death lawyers today to schedule a free consultation to learn more about your legal options.

Plaintiffs Role of Evidence

If you are filing a wrongful death lawsuit, then you would be the plaintiff in the case. Likewise, if your loved one or their estate is filing a wrongful death or personal injury claim, then you would be included as part of the plaintiff.

With that said, it is important to provide evidence for why you "believe" someone is liable for your relative's death.

Cases of wrongful death are often complicated, emotionally draining, and time-consuming. At Rosenfeld Injury Lawyers LLC, our Schaumburg, IL personal injury lawyers in Schaumburg understand the struggles you are facing.

We believe that injured victims shouldn't have to bear the burden of seeking compensation for their losses alone - especially if they were seriously hurt because another party was negligent.

If you have questions about your legal options, contact our Schaumburg wrongful death attorneys today for a free case consultation to discuss the details of your personal injury or wrongful death claim.

What Can You Receive in a Wrongful Death Award?

The amount of compensation someone could receive in a wrongful death case varies depending on their loved one's age, occupation, and earning potential.

In Illinois, a plaintiff could receive in a wrongful death case :

  • Most of the victim's medical bills to date
  • Lost income for their loss of support
  • Funeral expenses
  • Loss of love, affection, counsel, guidance, etc.

Each case is different depending on specific circumstances that lead to the death - like the decedent's occupation or social status.

The Traditional Elements for Proving a Wrongful Death Case

To successfully win a wrongful death claim, the plaintiff (surviving family member)or Schaumburg personal injury lawyer must provide evidence that the following occurred:

A close family member died because of someone else's negligence. The surviving loved one could file a wrongful death case even if they weren't present when their loved one died.

Therefore, if you are filing a claim on behalf of your deceased relative, it is important to prove that they were killed because of negligent behavior.

Interests of the Decedent

To bring a Schaumburg, IL wrongful death claim, you must be able to show that your relative had a financial interest in winning or receiving compensation for their injury case.

For example, if they were not married, had no children, and did not financially provide for any direct family member, it would be impossible to bring a wrongful death case on their behalf.

Medical Malpractice Cases and Wrongful Death

Medical malpractice is any wrongdoing or negligence by a doctor, nurse, or another medical professional that results in injury to a patient. When someone is injured because of negligent healthcare treatment, it might be possible for their family members to receive compensation through a wrongful death case.

If you are filing a claim for your relative's death due to medical malpractice, then the statute of limitations is only two years from their date of death. Therefore, it's important to contact a lawyer as soon as possible because filing a claim after the statute has expired could result in automatic dismissal.

It is beneficial to speak with an experienced wrongful death attorney at Rosenfeld Injury Lawyers, LLC, by calling (888) 424-5757 today to learn more about your legal options for medical malpractice claims,

A knowledgeable personal injury lawyer can help you seek the compensation your family deserves after experiencing the loss of their loved one from medical negligence.

For example, you might receive an award for medical expenses, funeral costs, loss of income, and pain and suffering if someone was negligent in causing your relative's death.

Schaumburg Wrongful Death Law Firm

How Wrongful Death Accidents Can Occur in Schaumburg

Wrongful death can occur in nearly every situation, from driving an automobile, at work, in a nursing home, or receiving medical care.

However, data reveals that most wrongful death cases seeking compensation are based on:

  • Car accidents: Any reckless or drunk driver can lead to the death of another driver, passenger, motorcyclist, bicyclist, or pedestrian.
  • Medical malpractice: Medical negligence can lead to the wrongful death of a patient, including misdiagnoses, prescribing the wrong medications, or surgical mistakes.
  • Nursing home neglect: Negligence by nursing homes or personal care facilities may result in an elderly resident's death due to lack of supervision, physical harm, or inadequate medical attention.
  • Nursing home abuse: Any intentional act of physical, emotional, mental, and psychosocial inflicted pain on a nursing home resident that leads to their demise is considered a wrongful death.
  • Workers compensation injuries: Employees who get injured on the job may not return to work, leading to their death due to loss of income.
  • Construction accidents: Any catastrophic event could kill a construction worker, leaving the family without a weekly income.
  • Premises liability: An unsecured swimming pool, icy sidewalks, or other conditions on the property could lead to a fatal accident claiming the life of an innocent victim.
  • Product liability: Product manufacturers must follow strict liability laws to ensure that consumers are not harmed by a defective product designed, manufactured, and sold to the public.
  • Harmful drugs: Pharmaceutical companies can be held legally liable for any dangerous drug that harms and kills patients.
  • Airplane defects: The Federal Aviation Administration has strict liability laws that can hold air carriers liable for any airplane malfunctions or crashes.
  • Workplace falls: Any fall on the job site could result in injuries and death to an employee, leaving their family without any income.

Our Schaumburg personal injury lawyer experienced in handling wrongful death cases can use Illinois law to build a compensation case. The attorney will typically investigate how the accident happened, who was at fault, and the extent of the damages.

There are three types of damages available to surviving families seeking compensation for their lost loved one: economic loss, mental anguish, and pain and suffering.

  • Economic losses can include funeral costs, medical bills, future earnings or wages if appropriate employment is not available after the accident, loss of support or services, loss of value to any patents that deceased person had, and the cost of repairing or replacing damaged property.
  • Mental anguish damages can include past and current grief, emotional distress, future pain and suffering, trauma caused by witnessing the accident, shock from the news of the wrongful death, among other losses.
  • Pain and suffering damages refer to the physical and emotional pain the deceased suffered before death.

Typically, resolving the legal issues to the claims process will ensure that families receive sufficient financial compensation to pay for missing lost wages, funeral and burial expenses, hospitalization costs, and non-economic damages, including pain and suffering.

What You Need to Prove in a Wrongful Death Lawsuit

Every state has different laws when it comes to wrongful death cases, but here are the main elements of Illinois law that must be proven for someone to win their case:

  • The accident was due to another's negligence, carelessness, or recklessness that is provable by using eyewitness testimonies, police reports, among other evidence.
  • The accident caused the death of the victim.
  • The deceased person cannot deny that they have died due to someone's negligence.
  • Surviving family members are suffering an economic loss due to the wrongful death.

Benefits and Compensation in Wrongful Death Claims

The surviving families of injured victims can seek financial recovery through wrongful death claims after losing loved ones through someone else's negligence or intentional act.

A wrongful death attorney working on behalf of will seek out every responsible party to ensure maximum compensation. Typically, these cases are resolved within one to two years after the financial claim has been filed.

However, the state of Illinois requires that most civil lawsuits based on tort law be filed within two years from the date of the incident. There could be extenuating circumstances that extend the length of time the case could be filed in some cases.

Schaumburg Wrongful Death Attorney

The Benefits of Hiring a Schaumburg Wrongful Death Lawyer to Resolve a Compensation Case

What is your loved one's wrongful death the result of another's negligence? For example, did your loved one die through medical negligence, a car accident, or some other fatal accident?

At Rosenfeld Injury Lawyers, LLC, our Schaumburg, Illinois personal injury attorneys help injured victims and surviving family members receive compensation through a civil lawsuit. Call us at (888) 424-5757 today or use the contact form to schedule a free case review.

Let's discuss your loved one's accident and how to hold all responsible parties accountable for your financial damages and emotional distress. Our Chicago, IL law firm all wrongful death cases on a contingency fee basis, meaning you will pay nothing until we resolve your case through a negotiated settlement or jury award.

Our Cook County personal injury law firm currently provides legal representation to clients and related practice areas, including medical malpractice, premises liability, product liability, defective drugs, and car accidents. We accept cases in the following localities throughout Illinois, including Lake County, DuPage County, Kane County, Will County, Peoria County, segment County, and others.

Schaumburg Wrongful Death Lawyer Resources:

Client Reviews
★★★★★
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa