3,457 people died in Winnebago County in 2022, and 311 of these were due to injuries [1,2]. If your family member suffered fatal injuries due to the negligent actions of another, Rosenfeld Injury Lawyers can help you recover compensation to pay for funeral expenses and other needs.
Read on to find out how our Rockford wrongful death attorneys can help with your case.
Establishing Whether You Have a Wrongful Death Case in Rockford, IL
The Illinois Wrongful Death Act provides surviving family members with the ability to file a wrongful death claim if a person dies from an act that, had they lived, would have been eligible for a personal injury lawsuit.
A wrongful death lawsuit must satisfy specific rules related to negligence, which include a duty of care, breach of duties, causation, and damages. These are defined as follows:
- Duty of Care – The at-fault party had a responsibility to act with reasonable caution to avoid harm to other people.
- Breach of Duties – The liable party failed to uphold their duty of care to the deceased prior to their death, such as failing to obey traffic signals.
- Causation – The negligence of the liable party directly led to the accident.
- Damages – The victim’s family suffered losses as a result of someone else’s negligence, including the loss of their loved one.
Filing a Wrongful Death Lawsuit With Rosenfeld Injury Lawyers
Our Rockford wrongful death attorneys will identify all likely defendants and ensure that anyone who may have committed a wrongful act is held accountable. We will pursue any legal action we deem possible in order to ensure you receive fair compensation for the death of your loved one.
Recognizing that wrongful death lawsuits are stressful for family members, our legal professionals begin by negotiating with the relevant insurance companies.
Insurance companies do not want to pay an appropriate sum, and they will do everything they can to diminish responsibility, including blaming the victim for their own death and insisting their death was due to a pre-existing condition.
Our Rockford wrongful death attorneys are deeply familiar with their tactics and will use meticulous, evidence-based arguments to prove they must honor their financial obligations to your family.
In many cases, we are able to settle a wrongful death claim out of court. However, if the insurance company refuses to provide a fair settlement, we will file a wrongful death lawsuit, using meticulous evidence to demonstrate the defendants were responsible for a loss of life.
We offer a free case review for all potential plaintiffs and work on a contingency fee basis, meaning you owe us nothing unless we win. Instead, we will deduct our legal fees from your settlement, so you do not need to worry about bills throughout the process.
We have settled hundreds of wrongful death cases throughout northern Illinois, successfully recovering compensation for loved ones. For example, we were able to achieve a $10 million settlement for the family of a truck driver who was killed in a crash with another commercial vehicle.
Types of Cases Our Rockford Wrongful Death Attorneys Handle
Wrongful death can result from a variety of circumstances, whether that is auto accidents, workplace fall accidents, slip and fall accidents on private property, or dog bites. Our Rockford wrongful death lawyers will fight hard to get you justice, ensuring you the best possible chance at fair financial compensation.
Bike Accidents
There were 27 bike crashes in Rockford in 2022; sadly, one person lost their life [3]. Our Rockford bicycle accident lawyers can help you seek compensation should you lose a loved one due to a cycling accident.
Car Accidents
Rockford, IL, is known for having some of the worst drivers in America, which means you’re risking a car accident every time you step outside [4]. A car accident due to speeding or drunk driving can easily result in wrongful deaths, and a Rockford car accident attorney will help you get justice after losing a loved one in a fatal crash.
Dog Bites
More than 56 percent of victims in fatal dog attacks are age 16 or under, a heartbreaking statistic for parents with young children [5]. If you have lost a loved one from a death caused by an aggressive dog, a Rockford dog bite attorney will hold negligent owners accountable.
Medical Malpractice
Medical malpractice cases can be complicated, as it must be proven the death was the result of negligence rather than natural causes. Working with a Rockford medical malpractice attorney is crucial to winning a wrongful death lawsuit against health care professionals or hospital systems.
Motorcycle Accidents
In 2022, there were 46 motorcycle crashes in Rockford, resulting in 1 death [6]. A motorcycle accident is far more likely to result in death for a biker due to the fact that they have far fewer protections than a car driver, leaving families devastated.
Our Rockford motorcycle accident lawyers will assist you with every step of the personal injury claim process so that you can focus on healing.
Nursing Home Neglect
Four Rockford nursing homes were fined for violations at the end of 2023, including one fined $27,200 for serious violations that may have resulted in major harm [7]. A Rockford nursing home neglect lawyer from our firm will assist you in filing a wrongful death claim against negligent staff and owners.
Pedestrian Accidents
Three pedestrians died as a result of car accidents in 2022 [8], leading to heartbreak for their surviving family members. Rockford pedestrian accident lawyers will guide you through every step of the personal injury lawsuit process, representing your interest against reckless drivers.
Slip and Fall Accidents
Property owners or a negligent government agency must be held accountable if an individual dies after a fall on their premises. A Rockford slip and fall accident lawyer from our firm is always committed to getting justice for a victim’s family after a fatal slip and fall.
Truck Accidents
Truck accidents often result in catastrophic injuries for a victim and serious mental suffering for their loved ones. With the help of a Rockford truck accident attorney, you can hold trucking companies liable for the wrongful death of your family member.
Workplace Injuries
The Rockford, Illinois, metropolitan statistical area has approximately 150,000 workers, all of whom deserve a safe workplace [9]. Transportation, which employs over 30,000 employees in the Rockford area [10], is also one of the most dangerous industries, putting thousands of workers at risk of wrongful deaths.
If you have lost a loved one due to wrongful death in the workplace, our Rockford workers’ compensation lawyers can help you get the death benefits you are entitled to under Illinois law.
Who Can File a Wrongful Death Lawsuit?
Under Illinois law, only the personal representative of the decedent can file a wrongful death lawsuit. A personal representative may be outlined in the deceased’s will, but the court will appoint a representative if they died without a will.
In many cases, families of wrongful death victims will appoint experienced lawyers as the personal representative, and they will handle the legal matters on behalf of the grieving family. The financial compensation from an Illinois wrongful death lawsuit will then be distributed according to the degree of relation. This is typically the surviving spouse, children, and parents.
Damages Our Rockford Wrongful Death Lawyers Can Help You Recover
Wrongful death claims typically encompass two different categories of damages: economic and non-economic damages.
Economic damages refer to financial losses family members suffer as a result of the wrongful death, and this can include:
- Medical costs prior to death
- Out-of-pocket expenses prior to death
- Lost wages
- Loss of earning potential
- Property damage
- Funeral costs
Non-economic damages are for the impact a wrongful death has had on your family’s health and well-being. These can include:
- Grief, sorrow, and mental suffering
- Emotional distress
- Loss of companionship
- Loss of consortium for a surviving spouse
- Loss of guidance for surviving children
As of August 2023, surviving family members can be awarded punitive damages in a wrongful death lawsuit. These are awarded when the liable party’s actions surpass the legal criteria for negligence: namely, those actions that are malicious and intentional. In wrongful death, this may include murder, road rage, or workplace violence.
You Have a Limited Time to File a Wrongful Death Claim in Rockford, IL
In Rockford, Illinois, wrongful death typically has a statute of limitations of two years, the same as for other forms of personal injury.
As much of this time will be spent negotiating with insurance companies, it’s crucial you contact a wrongful death attorney from our law firm as soon as possible. This ensures we have adequate time to file a lawsuit and represent you in court.
Contact a Rockford Wrongful Death Attorney Today!
Wrongful deaths are devastating to a family, whether they are due to slip and fall accidents or medical malpractice. Working with a Rockford, IL, wrongful death attorney ensures your legal rights are protected and you have the best possible chance at compensation for your losses. We have a proven track record of success in wrongful death suits and work on a contingency fee basis, so you owe us nothing unless we are able to win compensation for your family.
Call us at (888) 424-5757 or contact us online to schedule a free consultation with a compassionate, experienced Rockford wrongful death lawyer.
References: [1] Illinois Department of Public Health, [2] Illinois Department of Public Health, [3] Illinois Department of Transportation, [4] MyStateline, [5] Forbes, [6] Illinois Department of Transportation, [7] Illinois Department of Public Health, [8] Illinois Department of Transportation, [9] United States Census Bureau, [10] Bureau of Labor Statistics