In the United States, accidents are a major cause of death. Families often endure emotional and financial hardships after an unexpected death, leaving them searching for options to seek justice. After a sudden death, families must struggle with emotional loss and unexpected expenses.
We understand the value of reaching out at the right time for help. Contact us now for a FREE, no-obligation legal consultation about wrongful death cases. Our dedicated wrongful death lawyers in Chicago are here to fight for your family’s rightful compensation.
Is Wrongful Death a Crime?
No. Wrongful death lawsuits are civil claims that allow you to seek compensation against the person or people responsible for the death. The laws for civil cases are different from the ones for criminal cases. Skilled litigators, like wrongful death lawyers, can evaluate your case and determine the best strategy for your case.
The Centers for Disease Control and Prevention (CDC) reports that unintentional injuries are the leading cause of death among people aged 1-44. The Illinois Department of Public Health (IDPH) reported that motor vehicle accidents and other accidents (suicides or homicides) are the 3rd leading cause of death for all ages. The significant impact of these accidents highlights the need for ongoing safety measures and public awareness.
Wrongful Death Act
In Illinois, surviving family members can seek wrongful death compensation for a loved one under certain laws.
Illinois Wrongful Death Act: The law allows surviving family members to file a wrongful death claim. This act enables them to seek monetary compensation to help them move forward after losing a loved one. However, the damages affect the victim’s family, not the person who passed away. The victim’s family may be able to recover compensation for:
- Loss of consortium
- Loss of companionship
- Loss of services
- Loss of future income
Illinois Probate Act: Under this law, the family of a deceased person may be able to recover money that the person could have received during their life. Moreover, the statute is primarily concerned with the wrongful death victim. Through an estate, the family of a deceased person can file a legal claim.
In a survival claim, the probate court appoints an executor to handle the decedent’s estate. In this case, the executor will claim damages the victim may have claimed during their lifetime. Often, damages will be determined on losses between the injury and death of the victim.
- Past lost wages
- Medical bills
- Disability
- Pain and suffering
- Property damage
Our Chicago wrongful death lawyers will help the victim’s family recover maximum damages. We handle the legal complexities so you can focus on supporting family members.
Our Chicago Wrongful Death Attorney Maximize Your Claim’s Success
Chicago Injury Lawyer understands what families need most during these challenging times. They seek answers about their loved one’s death, closure, and financial support to move forward. We focus on helping them achieve all three.
We have a skilled, experienced, and dedicated legal team ready to assist you in several ways, which include:
Investigation: We gather evidence and determine who should be held accountable for your loved one’s death. We regularly consult highly qualified consultants to gain a deeper understanding of cases.
Insurance Review: Insurance coverage availability typically determines a claim’s recovery amount. Therefore, we review all insurance policies connected to your case. This rule ensures we explore every compensation option.
Negotiation: Our Chicago wrongful death attorneys will negotiate with insurance companies on your behalf. We aim to secure a fair settlement that compensates the estate and all eligible parties involved in the claim.
Litigation: We will defend you in court and present a compelling case if needed. We will utilize state-of-the-art strategies during the trial to present crucial evidence to the jury and judge. Settlement negotiations for wrongful death cases can happen right up until the trial begins. After a verdict, we can defend or pursue any appeals.
Resolution: We ensure that any compensation in your case is collected and distributed properly. This system ensures that all parties, including those with liens, get their fair share. We strive to do everything to maximize our client’s compensation.
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Unexpected Wrongful Death: Who Is Liable?
In wrongful death lawsuits, the accused may differ depending on the facts of the case. A person or entity can be held responsible for the death caused by their negligence or wrongful acts.
Motor Vehicle Accidents
During a head-on collision, drunk drivers are most likely to cause wrongful deaths. Depending on the type of accident, a different party is responsible. Motor vehicle accidents can include:
- Motorcycle accidents
- Car accidents
- Bus collisions
- Truck accidents
- Pedestrian accidents
- Boating accidents
- Plane accidents
Pet Accidents
When a pet causes injuries that result in wrongful death, the owner can be held responsible.
Medical Malpractice
When medical malpractice occurs, the responsible party is the physician who made a mistake during diagnosis, medication, or surgery. People can also file claims for misdiagnosed cancers or missing details on x-rays that led to their development.
Additionally, medical mistakes can result in death claims if they worsen a condition.
If a healthcare practitioner’s negligence causes a birth injury, parents may file a wrongful death lawsuit.
Nursing Home Abuse
Nursing home malpractice claims can lead to a wrongful death claim against staff or administrators. For workplace accidents, you can sue the employer for negligence. In some cases, wrongful deaths are the result of physical or sexual abuse.
Workplace Accidents
If a worker is killed on the job, their surviving family may be able to pursue more than just workers’ compensation. These paybacks are only provided if the employer did not cause the death. This way allows for additional legal claims beyond workers’ compensation.
Product Defect
In a product defect case, you can file a wrongful death claim against the company responsible for a faulty product. For example, toxic food or a malfunctioning car part.
Police Shootings
Unfortunately, police officers can cause wrongful death. For your family member’s death, you can file a lawsuit against the police department and responsible officers.
We offer compassionate support and understand both the emotional pain and financial stress you’re going through. Let us handle the legal process while you focus on healing.
Elements Of A Wrongful Death Claim
Wrongful death lawsuits are functionally similar to personal injury claims. The difference is the victim dies from their injuries.
If a death is claimed in a lawsuit, the plaintiff must prove that negligence caused the death. The reasons might be negligent or intentionally harmful, such as violence. There are four elements to proving fault or negligence.
1. Duty
The Chicago wrongful death attorney must prove that the accused owed a duty of care to the deceased. To justify this, the defendant usually must explain how he or she was involved in causing the death. The lawyer must establish a clear connection between the defendant’s actions and the fatal outcome.
2. Breach of duty
The plaintiff’s attorneys must prove that the defendant somehow breached the duty of care. The action could be direct, like running through a red light at high speeds. Inaction can also be the cause; someone else would have acted differently under similar circumstances.
3. Damages
The victim’s attorney must prove that the defendant’s negligence resulted in specific damages and observable injuries. Furthermore, he must demonstrate how severe the damages are. This type of claim can include damages for the deceased and their loved ones.
4. Causation
Finally, the defense lawyer must establish causation. Defendants’ lawyers must demonstrate that the client’s negligence directly caused the harm, not other factors. They must establish a link between the defendant’s actions and the injuries suffered. If the defendant’s negligence prevented the death, the plaintiff’s attorney may prove that the death wouldn’t have occurred.
As a reminder, punitive damages cannot be awarded in the Chicago wrongful death or survival lawsuit.
Who is Eligible to File a Wrongful Death Claim?
According to 740 ILCS 180/1, the surviving spouse and next of kin are entitled to file wrongful death claims. In Illinois, “next of kin” includes:
- Surviving spouse
- The decedent’s surviving child
- The decedent’s parents
- The decedent’s siblings
- Adopted child or adoptive parents
When there are no surviving spouses or next of kin, wrongful death actions may benefit:
- Individuals or groups that provided hospital services to the decedent’s last illness or injury.
- Medics who provided medical care to the deceased during their last period of illness.
- The personal representatives of the decedent, such as the executors and administrators.
Hence, you can file a wrongful death claim if it’s been less than two years since your loved one’s death.
Chicago Wrongful Death Statute Of Limitations
A statute of limitations applies to wrongful death claims in Illinois. During this period, one can legally file a lawsuit for wrongful death. According to The Illinois Wrongful Death Act, the death of a decedent triggers a 2-year statute of limitations. However, there are some exceptions.
- For example, a victim’s family can sue for medical malpractice within two years of discovering the deceased’s injuries. The “discovery rule” applies in these cases. Accordingly, you have 4 years from the date of the negligent act or omission to claim.
- For wrongful death claims against a government agency, you must file your claim within 1 year. If you have questions about the case or notice requirements, consult our wrongful death lawyers in Chicago.
- If the deceased family member is under the age of 18, they can file a wrongful death claim within two years of the death.
Call Now. Get Your Free Case Review Today!
At Chicago Injury Lawyer, we want to help people who have lost friends and family in accidents caused by someone else. Fortunately, we always offer free initial consultations. Through this consultation, you and our lawyer discuss the victim’s death and determine how we can maximize justice for you.
While you deal with your loss in detail, our wrongful death lawyers in Chicago will handle legal issues efficiently for you. For more information, please fill out our online form or contact us now by phone.
Frequently Asked Questions
Who Can Be Sued in a Wrongful Death Accident Case?
In a wrongful death case, a surviving family member sues the person or entity responsible. This lawsuit is based on negligence, wrongdoing, or failure to act. Based on the cause of death, responsible parties may include:
Another driver
Co-worker
Employer
Doctor, anesthesiologist, nurse, hospital or other health care provider
A dog’s owner killed a person.
Does Chicago Have a Cap on Wrongful Death Damages?
There is no damage cap. In 2005, Illinois passed a law capping noneconomic damages in medical malpractice cases, covering both wrongful death and injury. In 2010, the Illinois Supreme Court overturned the 2005 law, ruling it violated the state’s constitution. During the law’s five-year period, there was a $500,000 cap for doctors and a $1 million cap for hospitals.
How are Wrongful Death Proceeds Divided in Chicago?
The court decides how to divide a wrongful death settlement between the surviving spouse and next of kin. The division is based on what the court considers “fair and just compensation.” This decision considers the financial impact and losses suffered due to the person’s death.
What is the Difference Between Wrongful Death and Survivor?
Usually, the personal representative of the estate files a survival action claim. In contrast, a wrongful death lawsuit is filed by the decedent’s loved ones. Close family members, like the surviving spouse and children, can sue for wrongful death.
