Chicago Wrongful Death Attorney
Nothing can be more devastating than the sudden death of a loved one, resulting in many difficult consequences for the surviving family. Not only must they cope with their loss and grief, but they must now deal with the financial stress after the death of a loved one caused by someone else's negligence.
There is a loss of income with additional funeral costs and other expenses related to the victim's death. When the unthinkable happens, and a wrongful death occurs, it can be hard to know where to turn or what to do.
Rosenfeld Injury Lawyers, LLC
When a family member is killed in a motor vehicle accident or due to medical malpractice, an experienced personal injury attorney at Rosenfeld Injury Lawyers, LLC can offer professional legal assistance. Surviving family members deserve fair compensation for their financial and emotional loss.
Call a Chicago wrongful death lawyer from our legal team at (888) 424-5757 (toll-free phone call) for a free legal consultation to facilitate legal representation or file a wrongful death claim. We can help surviving family members pursue compensation for their tragic loss.
Filing A Wrongful Death Lawsuit With A Chicago Wrongful Death Lawyer
The next of kin can file a preventable death claim against any individual or entity responsible for the accident that claimed their loved one's life. In Illinois law, the appointed personal representative of a deceased's estate is the only one who can file a wrongful death lawsuit.
Usually, the spouse or adult child of the deceased person can file a preventable death lawsuit seeking compensation for damages against the negligent party. In addition, parents of a child killed through a preventable death action can file lawsuits against any individual or entity that took their child's life.
A wrongful death lawsuit is based on the defendant's negligence, illegal or wrongful act, or fault that led to their loved one's preventable death. We endeavor to hold responsible parties accountable if your loved one succumbs to their injuries. Therefore, you will not have to deal with fees unless you recover compensation.
The Steps In Wrongful Death Cases
As the deceased person's representative, the spouse can file a wrongful death suit against any individual or entity causing a victim's death to recover monetary compensation.
The seven crucial steps to filing a wrongful death claim include:
- Consult with experienced wrongful death lawyers to resolve the preventable death case
- Obtain a death certificate copy of the deceased
- Appoint an administrator or personal representative for the wrongful death victim
- Identify all survivors with the right to file a wrongful death lawsuit
- File all the necessary paperwork to take preventable death action before the expiration of the statute of limitations (Illinois state law upholds the discovery rule)
- Review the insurance coverage of all insurance companies involved in the case
- Identify the costs of medical treatment for their injuries, funeral costs, loss of income, and other claims to determine financial compensation
Proving A Wrongful Death Claim In Illinois
Once a wrongful death claim has been filed, the onus lies on the plaintiff or personal representative of the deceased's estate to prove or establish the claim. Four elements are used to confirm a wrongful death claim, just as with a personal injury claim -
- Duty: The defendant, who can be a private citizen, company, or government agency, had a duty or responsibility towards the deceased victim and failed in their duty.
For example: In a vehicle accident, the person who caused the car accident was responsible for driving safely and preventing harm to other road users or pedestrians.
- Breach: The defendant, who can be a private citizen, company, or government agency, failed to meet the legally established duty.
For example: In the vehicle accident, the defendant drove under the influence of alcohol and caused a motor vehicle accident. The defendant failed to fulfill their duty.
- Causation: The defendant's conduct directly led to the victim's death. The defendant's wrongful conduct caused the decedent's death.
For example: If the defendant had not driven under the influence of alcohol, the victim would not have died due to injuries sustained in the motor vehicle accident.
- Damages: Damages can be recovered through a survival action or a preventable death lawsuit -
- Survival action lawsuit - The motor vehicle accident victim suffered medical costs, loss of earnings, pain, and suffering for the period from the accident and sustained injuries to their death.
- Wrongful death lawsuit - The survivors suffered the loss of benefits with a fiscal value such as income, physical goods, and services, and they also suffered the trauma of grief and sorrow.
How Chicago Wrongful Death Lawyers Can Help
Some personal law firms are experienced in resolving complicated wrongful death claims, helping those being left behind, and holding those responsible for the death legally and financially accountable.
A personal representative at our law firm will investigate the wrongful death claim, identify responsibility and prove negligence to resolve the personal injury claim that identifies the financial support needed to move forward.
A Chicago wrongful death lawyer can represent clients filing a civil suit against others responsible for medical malpractice, vehicle accidents, nursing facility abuse, negligence, or wrongful death actions to seek compensation.
When an accident or medical negligence causes the death of a loved one, it is time to consider contacting a Chicago wrongful death attorney at Rosenfeld Injury Lawyers, LLC.
The Right To File A Wrongful Death Claim
We provide a free wrongful death case evaluation to determine whether the defendant's negligence led to the death of your loved one. A seasoned wrongful death lawyer will discuss your legal right to recover damages and assist you with all your questions regarding the case.
If you need urgent help, call us at (888) 424-5757 for a free consultation. The information here provides essential elements of an Illinois wrongful death claim, including who has the right to file Illinois wrongful death cases, the statute of limitations, and how long a legal claim can take to resolve.
Most Common Wrongful Death Suits in Illinois
Illinois' most common wrongful death lawsuits involve injury deaths from auto accidents, motorcycle accidents, medical malpractice, medication errors, defective products, and work accidents.
The wrongful death attorneys at Rosenfeld Injury Lawyers, LLC have experience prosecuting severe personal injury cases and helping injured victims seek justice.
When we go to a doctor or hospital, we expect them to treat us with competence and care. Unfortunately, medical errors account for an estimated 210,000 to 440,000 premature deaths each year, leading to medical malpractice, according to the Journal of Patient Safety.
If a person dies through the negligence of a medical professional, they can be held liable for the preventable death of a loved one.
A wrongful death case based on medical malpractice might involve:
- Delayed diagnosis
- Necessary medical treatment not provided
- Surgical error
- Medication error
- Anesthesia mistake
- The use of dangerous drugs
- Nursing home abuse
- Defective product design
Wrongful death cases are never easy. You can file a premature death suit with an experienced lawyer if you've lost a loved one because of someone else's negligence.
Many personal injury cases involve medication deaths resulting from dosage errors, medication interactions, dangerous drugs, and wrong medications. The Centers for Disease Control and Prevention estimate that more than forty-eight percent of Americans have taken some form of prescription medication within the past thirty days.
A surviving spouse, child, grandchild, parent, or grandparent can file a premature death claim, citing a medical mistake as their loved one's cause of death.
In Illinois, there were 4,764 work-related fatal accidents in 2020, according to the Bureau of Labor Statistics. These accidents might include -
- Construction accidents
- Industrial accidents
- Trucking accidents
- Chemical burns
- Exposure to harmful materials.
Contact a preventable death lawyer to assist you in dealing with the employer's insurance company and to ensure you receive the compensation you deserve.
Nursing Home Abuse
Severe abuse and neglect can lead to the nursing home resident's death. In some cases, this abuse might be intentional, while in other cases, it might result from the negligence of the nursing home staff.
Abusive behavior toward the elderly resident might involve physical assault, verbal abuse, or sexual abuse. Nursing home staff might not provide the necessary care and attention to elderly residents, leading to malnutrition, dehydration, lack of supervision, elopement (wandering away), and even death.
Chicago medical malpractice lawyers could help you file a wrongful death lawsuit if your loved one died due to medical malpractice.
All property owners and managers are legally responsible for providing each invitee, vendor, resident, or guest with a safe environment when on the premises. Any breach of that duty of care could create a liability issue, especially if someone is injured or killed.
If you have lost a loved one after their death occurred on another person's property, contact our attorneys to discuss your case during a free consultation.
Even with advancements in medical technology, wrongful deaths still occur during and after the labor and delivery of a newborn. Sadly, legal drugs prescribed by the mother's doctor during pregnancy, failure to diagnose a problem with the baby, and mistakes made by the medical staff can all lead to the newborn's death.
When a child or unborn fetus dies due to a birth defect or other preventable cause, the parents or blood relatives might have grounds to file a wrongful death lawsuit.
According to the National Highway Traffic Safety Administration, 5,376 pedestrians were killed in traffic accidents in 2019. This number has been steadily increasing over the past few years.
Most pedestrian accidents resulting in severe fatal injuries affect children and adults in rural and urban areas. Studies show that illegal activities, such as driving under the influence and distracted driving, are the leading causes of pedestrian accidents.
If the defendant (negligent driver) owed the deceased a duty of care and breached that duty, causing the victim's death, the defendant may be liable in a preventable death claim.
According to the National Highway Traffic Safety Administration, there were 1,260 bicyclists killed in traffic accidents in 2020. This number has been steadily increasing in recent years.
The leading cause of bike accidents is drivers failing to see bicyclists due to many factors, such as distracted driving, drunk driving, or driver fatigue. Bicyclists are more likely to be injured or killed in a crash if they do not wear helmets.
Was your loved one killed in a bicycle accident? If so, a Chicago wrongful death lawyer can file wrongful death claims for victims. In a preventable death through a bicycle crash, litigation can be complicated, and legal representation is advisable. Victims may be entitled to a wrongful death settlement for their loved one's injuries and death.
Damages Available Under The Illinois Wrongful Death Act
Our Chicago, IL, injury lawyers evaluate the details of each wrongful death action to determine a fair value of the damages sought by wrongful death victims for the premature death of a loved one.
Under the Chicago wrongful death laws, the jury might award monetary damages in a lawsuit deemed fair compensation for your loved one's death to the surviving spouse or family. For example, the award could include "damages for grief, sorrow, and mental suffering, to the surviving spouse, surviving children or other next of kin of such deceased person." (740 ILCS 180/2.)
Preventable Death Damages
Victims often ask how much a wrongful death case is worth. It is difficult to estimate and depends on many factors. Damages paid to immediate family members might include:
- Medical expenses, including the cost of your loved one's medical bills and emergency care for their injuries before their passing
- Funeral expenses, including the cost of providing funeral/burial services
- Pain and suffering, including financial compensation for the deceased's pain and suffering before the loved one's death
- Loss of consortium, which includes the close family members' emotional anguish that accompanies the loss of a valued member of the family and the community during the grieving process
- Lost wages and future income, such as the value of the deceased's financial contribution to the family, including the loss of benefits and income
- Punitive damages are awarded to punish the negligent party responsible for your loved one's passing; if the wrongful act or behavior is considered extraordinarily reckless
Illinois recently struck down the state's damage caps for medical malpractice claims resulting in no caps or limits on the amount of recovery available from most civil claims in Illinois.
Statute of Limitations
The statute of limitations is the legal deadline for filing a lawsuit. The clock starts ticking on the date of the negligent act, and if you don't file before the deadline, you lose your right to sue. The statute of limitations for wrongful death lawsuits in Chicago is two years.
Statute Of Limitations Exceptions
There are exceptions to the rule, such as -
- With a child, the deadline is two years after they reach the age of maturity (age of 18).
- With medical malpractice suits, the survivors of a deceased victim have two years from the date they knew or reasonably could have known about the injury, according to the 'discovery rule.' No claim can be filed by survivors later than four years after the act or omission occurred.
- The surviving family must file the claim within one year with wrongful death, where a government agency in Illinois is being sued. Special notice requirements also have to be met.
It is essential to contact a Chicago wrongful death attorney on our legal team to review your case to determine if special time limits do apply.
Wrongful Death Claim And A Survival Action
There is often confusion in the minds of potential plaintiffs between wrongful death cases and survival actions. Neither one is a criminal case but rather a civil lawsuit.
In a wrongful death lawsuit, the deceased person's estate can recover compensation for damages to the estate's beneficiaries. The Illinois Wrongful Death Act provides legal redress.
With a survival action, claimants are compensated for the damages the deceased would have received if they survived. The Illinois Surviving act provides legal redress.
It may include pain and suffering, loss of enjoyment of life, and lost earnings incurred between their final injury or illness and death.
Hire A Seasoned Chicago Wrongful Death Attorney, Ensuring You Receive the Compensation You Deserve
Many Chicago, IL, wrongful death claims are never filed because a surviving family member believed they had a slim chance of success or were wary of attorneys who did not prioritize their interest as a victim.
Rosenfeld Injury Lawyers, LLC are skilled trial attorneys who have fought on behalf of families across Illinois to help them seek justice. We recover damages and seek just compensation for surviving family after losing a loved one and suffering a loss of companionship.
Contingency Fee Basis
Our law firm offers a free consultation with our Chicago wrongful death attorneys and works on a contingency fee basis. This legal agreement ensures you pay us nothing until your Chicago legal team resolves your wrongful death case through a negotiated agreement or jury award.
Contact our personal injury law firm today to speak to a Chicago wrongful death attorney at (888) 424-5757 (toll-free phone call) or through this online intake form to schedule a free consultation. Our Chicago wrongful death lawyers can provide legal and emotional support as we seek compensation for your damages.