Losing a loved one due to another person’s negligence is never easy. While navigating the grief that comes with the loss of a loved one, you’re also left with expensive medical bills and funeral expenses.
Illinois law allows family members to file a wrongful death lawsuit in court, which can help you recover the compensation you need during this difficult time. The responsible, negligent party should be held accountable, and our Champaign wrongful death attorneys are here to do just that.
Types of Wrongful Death Cases in Champaign
The state of Illinois defines wrongful death as a loss of life from someone else’s wrongful or neglectful behavior. If the deceased person could have filed a personal injury claim when alive, their case should be eligible for a wrongful death claim. A few types of wrongful death claims handled by Rosenfeld Injury Lawyers include the following.
Motor Vehicle Accidents
A wrongful death case can be the result of a motor vehicle accident. If a person loses their life in a car or truck accident in which the other driver is negligent, a wrongful death claim may be appropriate. A Champaign car accident attorney can help you file your claim in the local court system.
The Champaign Urbana area has higher-than-average motor vehicle crashes. Of a total of 3,013 accidents, 784 suffered severe injuries, and another 22 were fatal. [1] While any motor vehicle accident could lead to serious life-threatening injuries, the most common incidents leading to a wrongful death include:
- Head on crashes
- Vehicle rollovers
- Drug or alcohol-related accidents
- Truck accidents
Failing to reduce speed to avoid a crash and failing to yield the right of way are among the most common causes of car accident fatalities in Champaign, Illinois. [2] A majority of these motor vehicle accidents also occur in daylight during clear conditions, which points to more driver negligence. [3]
Slip and Fall Accidents
Severe slip and fall accidents can lead to life-threatening injuries, which could also cause a wrongful death. A Champaign slip and fall accident lawyer can help you get justice for your loved one following such events.
Medical Malpractice
Medical mistakes and negligence can lead to a loss of life and may be more common than you think. In 2023, Champaign County had over 300 claims and 80 indemnity payments made through insurance for medical malpractice. [4]
If the medical mistake leads to a loss of life, the surviving family members may qualify for a wrongful death case. Our Champaign wrongful death lawyers have the experience and resources necessary when going to court against large hospitals and medical-legal teams.
Workplace Accidents
Certain workplace accidents and injuries qualify as personal injury cases. Automobile or transportation accidents are one of the most common causes of workplace-related death in Central Illinois. In the case of death caused by a work-related activity, your family may be eligible for a wrongful death claim.
Who Can File a Wrongful Death Claim in Champaign, Illinois?
The family members of the deceased can file a claim for an Illinois wrongful death. This may include the surviving spouse, parents, or any other family members who were financially dependent on the victim, such as children.
If the deceased person had no surviving children, other eligible family members may be able to file a claim. A personal representative of the deceased person’s estate is also eligible to file a claim, whether that’s an adult child or another person.
Some personal injury cases may also qualify for survival actions. Survival actions refer to pending personal injury cases that allow the family to receive any compensation the deceased might have had if they had lived.
Damages Our Champaign Wrongful Death Attorneys Can Help You Recover
A Champaign wrongful death lawyer from our team can help you and your family recover the funds you need to deal with a loved one’s wrongful death. Illinois law allows your loved one and family members to collect both economic and non-economic compensation.
Economic compensation covers the physical costs, which may include medical bills, funeral expenses, and any other costs related to the accident. Medications, emergency transportation, lost wages, or lost financial support may all be a part of your claim. Any child or dependent who depended on the deceased for financial support can also seek compensation for a wrongful death action.
Non-economic compensation includes the mental anguish or psychological impact of a loved one’s death. Eligible non-economic compensation might include pain and suffering, counseling or therapy, and loss of companionship. Non-economic compensation is meant to support emotional trauma.
The Statute of Limitations for Wrongful Death Claims in Champaign
Illinois allows a family member, dependent, or personal representative to file a wrongful death case up to two years from the date of death. Cases involving violent intentional conduct have five years to file against the responsible party.
Are Champaign Wrongful Death Lawyers Expensive?
Our Campaign wrongful death lawyers work on a contingency fee, meaning you don’t pay anything unless you win your case. We are paid from the settlement or lawsuit payout, meaning you never have to pay out of pocket for legal representation.
Preparing for a Wrongful Death Lawsuit
Wrongful death cases must prove a legal duty of care, negligence, causation, and actual damages. A strong case with sufficient evidence improves your chances of proper compensation. Working with one of our Champaign wrongful death attorneys helps you build a strong case based on evidence.
Our Champaign personal injury attorneys take the time to secure relevant evidence, including witness statements, expert witnesses, medical records, and any other documents that might support your case. Our team is here to help you navigate through your grief and receive justice.
Contact a Champaign Wrongful Death Attorney Today!
Rosenfeld Injury Lawyers has successfully helped family members of wrongful death victims collect the compensation they need during a difficult time. We know filing a wrongful death claim won’t remove the emotional pain that comes with losing a loved one. However, legal action against the negligent party can help you and your family deal with the financial losses.
No amount of money can compensate for the loss of a loved one, but a wrongful death claim can provide you and your family with financial stability. Wrongful death lawsuits also bring light to a negligent situation, potentially helping others.
Contact us today at (888) 242-5757 for a free consultation, or fill out our online contact form to have one of our attorneys contact you.