Losing a child due to a birth injury wrongful death is a pain that no parent should have to endure. When the negligent actions of medical professionals lead to such a tragedy, the grief can feel even more unbearable. In Chicago, families have legal rights under the Illinois Wrongful Death Act to seek compensation and justice caused by birth injury.
Our wrongful death attorney believes every family deserves justice and the opportunity to hold those responsible accountable for their actions. Luckily, our Chicago lawyer is here for you every step of the way.
What Is Birth Injury Wrongful Death?
A birth injury wrongful death occurs when a baby dies due to medical malpractice or negligence during childbirth. This tragedy can happen for many reasons, including the failure to monitor fetal distress, improper use of medical instruments, delayed or improper C-section delivery, errors in administering medication, or negligent prenatal care. These are preventable mistakes, not just accidents.
The emotional impact of such a loss is devastating. When such mistakes happen, they are not just devastating but preventable. Illinois Wrongful Death Act provides the legal framework for pursuing claims in these sensitive cases. It gives you the right to file a lawsuit and seek compensation for emotional suffering, medical expenses, funeral costs, and more.
It is essential that you consult our Chicago wrongful death attorney if you believe your child’s death was caused by a birth injury wrongful death. We are here to provide legal guidance and compassionate support as you navigate this painful journey.
Why You Need an Experienced Birth Injury Attorney in Chicago
When facing the grief of losing your child, dealing with insurance companies, doctors, and legal processes can be overwhelming. Our Chicago wrongful death lawyer offers:
- Comprehensive Case Review: We examine every detail of your case to determine liability.
- Expert Legal Representation: With years of experience in medical malpractice and wrongful death cases, we know how to fight for your rights.
- Emotional Support: We’re here to listen, advise, and fight for your family while you focus on healing.
We will be your advocates in and out of the courtroom, ensuring you receive the justice and compensation to help your family heal.
Why You Should Hire Our Wrongful Death Lawyers
At Chicago Injury Lawyer, we are more than just your legal representatives—we are your advocates. Our commitment to your case includes:
Personalized Attention
- We’ll listen closely to your story.
- We tailor our approach to ensure the most effective legal strategy for your case.
- You’ll have direct access to your attorney throughout the process, ensuring precise and consistent communication.
Dedicated Legal Experts
- We conduct thorough investigations to uncover all contributing factors to your loss.
- We work with top medical experts to support your case.
- Our attorneys have a proven track record of success in securing compensation and justice.
- We carefully navigate Illinois law’s complexities to ensure that every legal option is explored and utilized.
Compassionate Guidance Every Step of the Way
- We handle all the legal complexities, so you can focus on your family’s healing process.
- We’ll be there to answer questions, provide updates, and offer reassurance when you need it most.
Aggressive Representation Against Negligent Parties
- We won’t settle for less than what your family deserves.
- We aggressively pursue the responsible parties for justice, ensuring that all negligent actions are exposed.
- Our team is prepared to take your case to trial if necessary, ensuring that every option for justice is fully explored.
If you have lost a child due to birth injury death, call us today at (312) 261-5656 for a free consultation.
The Illinois Wrongful Death Act & Your Family’s Rights
Under Illinois law, the Wrongful Death Act (740 ILCS 180/1) allows surviving family members to seek justice when a child was killed by others’ negligence. Medical malpractice during childbirth may give you the following rights:
- Economic Damages: Compensation for medical expenses, funeral costs, and lost financial support.
- Non-Economic Damages: Compensation for pain and suffering, mental anguish, and emotional distress.
- Punitive Damages: Additional damages to punish the negligent parties and deter future misconduct.
Our Chicago birth injury death attorney will guide you through the legal process.
What is the Process for Filing a Wrongful Death Lawsuit?
Filing a birth injury wrongful death lawsuit typically involves:
- Consult with a qualified attorney to discuss the details of your case.
- Investigating the cause of the injury and determining if medical negligence was involved.
- Gathering evidence such as medical records, expert witness testimonies, and other supporting documentation.
- Filing the lawsuit within the statute of limitations.
- Negotiating a settlement or going to trial if a fair settlement cannot be reached.
- Throughout this process, your attorney will be by your side, providing guidance and support.
Filing a birth injury wrongful death lawsuit is a crucial step toward seeking justice for your loss. With compassion and dedication, our wrongful death attorney in Chicago will guide you through the entire process.
Steps to Take After a Birth Injury Wrongful Death
After such a tragic loss, the last thing you should be worried about is dealing with complicated legal matters. Here’s what you should do:
Step 1: Seek Medical Records
- Get copies of all medical records related to the birth and post-delivery care.
Step 2: Consult with a Birth Injury Wrongful Death Attorney
- Contact an experienced attorney to understand your legal rights and options.
Step 3: Investigate the Cause
Your attorney will investigate what went wrong and gather the evidence to support your case.
Step 4: File a Claim
- Your attorney will help you file a claim to seek compensation for your loss.
Let our birth injury lawyer in Chicago guide you through every step.
Common Causes of Birth Injury Wrongful Death in Chicago
In Chicago, several factors can contribute to birth injury wrongful death, including:
Failure to Diagnose
Delayed diagnosis of fetal distress or complications during labor can lead to devastating outcomes. When doctors miss critical signs, it can result in a birth injury or wrongful death.
Improper Use of Forceps or Vacuum
These tools, when misused, can cause severe and lasting injuries to both the baby and the mother. Improper handling during delivery often leads to life-threatening complications.
Delayed C-Section
Failure to perform a timely C-section can lead to oxygen deprivation or other fatal complications for the newborn. This delay can have irreversible consequences on the baby’s health.
Medication Errors
Incorrect doses of medication during delivery can result in fatal reactions or harm. Medication mistakes can cause catastrophic outcomes during a crucial moment in childbirth.
However, each of these situations is preventable. If medical professionals make a mistake, we can help your family seek justice.
Get the Answers You Need. It’s FREE!
If you’ve experienced the unimaginable loss of a child due to a birth injury wrongful death in Chicago, you deserve justice. Call our compassionate and experienced team at Chicago Injury Lawyer for a free consultation today. Let us help your family navigate this painful journey and fight for the justice your child deserves.
Frequently Asked Questions
How do I know if I have a case for birth injury wrongful death?
If you believe your child’s death was the result of medical negligence, it’s essential to consult with an experienced wrongful death attorney in Chicago. A thorough review of medical records, autopsy reports, and expert opinions can help determine if there was negligence and whether you have grounds for a claim.
How long do I have to file a wrongful death claim in Chicago?
In Illinois, the statute of limitations for filing a birth injury wrongful death lawsuit is generally 2 years from the date of death. However, certain circumstances may alter this timeline. It’s crucial to consult an attorney as soon as possible to ensure your case is filed within the legal timeframe.
Will I have to go to court for my birth injury wrongful death case?
Not necessarily. Many birth injury wrongful death cases are resolved through a settlement before reaching trial. However, if a fair settlement cannot be reached, your attorney will be prepared to take your case to court to ensure you receive the justice your family deserves.
