Expert Wrongful Death Attorney Chicago: Seek Justice & Compensation

Table Of Contents: 

• Understanding Wrongful Death in Illinois  

• Who Can File a Wrongful Death Claim?  

• What Damages Can Be Recovered?  

• The Importance of the Statute of Limitations  

• How a Chicago Wrongful Death Lawyer Can Help  

• Accidental Deaths: A Stark Reality in Illinois  

• FAQs about Wrongful Death Attorney Chicago  

  • How much can you sue for wrongful death in Illinois?  

  • Who can recover from the wrongful death claim in Illinois?  

  • What is the difference between wrongful death and negligence?  

  • What is the highest wrongful death settlement?  

• Conclusion 

Understanding Wrongful Death in Illinois 

In Illinois, wrongful death is a death caused by the "wrongful act, neglect, or default" of another, as stated in 740 ILCS 180. If the deceased could have filed a personal injury lawsuit if they had survived, their family might have grounds for a wrongful death lawsuit. 

Various incidents can lead to a wrongful death claim. These include car accidents, truck accidents, motorcycle accidents, medical malpractice, nursing home neglect, and construction accidents. 

Who Can File a Wrongful Death Claim? 

755 Illinois Consolidated Statutes 5/2 clarifies that the surviving family members, typically the surviving spouse and children, are the primary beneficiaries of a wrongful death claim. The personal representative of the decedent’s estate files the lawsuit on behalf of the surviving family. The lawsuit seeks to recover compensation for both economic losses, such as lost earnings, and non-economic damages, such as loss of companionship. 

What Damages Can Be Recovered? 

A wrongful death attorney in Chicago helps families recover compensation for various damages. These losses encompass the emotional and personal impact of the loss. Here's what a wrongful death claim in Illinois can cover: 

The Importance of the Statute of Limitations 

Time is critical in wrongful death cases in Chicago. 740 ILCS 180/2(d) sets a two-year statute of limitations. This begins from the date of death. 

Specific legal circumstances under the Illinois Wrongful Death Act (740 ILCS 180) might lead to exceptions. These could affect the statute of limitations in some wrongful death lawsuits. 

A wrongful death attorney can advise you about these time limits and any applicable exceptions. Contacting a Chicago wrongful death attorney immediately ensures your rights are protected. You can also file a survival action alongside your wrongful death claim, to recover damages that the deceased could have pursued had they lived. 

How a Chicago Wrongful Death Lawyer Can Help 

Navigating a wrongful death claim is complex. A wrongful death attorney in Chicago guides you through every step. They handle various legal responsibilities. 

These include investigating the death, gathering evidence, and negotiating with insurance companies. They also represent you in court. They fight for your family's rights while providing compassionate advice. 

A wrongful death lawyer with experience protects your legal rights during this stressful time. A skilled wrongful death attorney plays a crucial role when dealing with complex legal matters while grieving.  

At DJC Law, we handle devastating losses with compassion and sensitivity. We support your needs every step of the way. We provide empathetic support and skilled legal representation throughout the complex litigation process of Chicago wrongful death claims. Our firm works tirelessly so surviving family members receive just compensation. 

Accidental Deaths: A Stark Reality in Illinois 

Accidental deaths are a harsh reality in Illinois and across the United States, being the leading cause of death for ages one to 44. While not all accidents result in legal action, many raise questions about negligence and liability. Even unintentional actions can have devastating consequences. 

DJC Law is a leading Chicago law firm offering free initial consultations. We can explain our process, easing hesitations and concerns. We can help determine if the omission occurred due to the negligence of a government agency or other party. Our attorneys have significant experience helping families bring wrongful death lawsuits. 

Our Chicago office acts as a pillar of support to families that have lost a loved one. We understand the pain and challenges they face in these situations. We provide compassionate guidance to surviving family members considering legal action for loved ones lost due to harmful acts or negligence. 

FAQs about Wrongful Death Attorney Chicago 

How much can you sue for wrongful death in Illinois? 

There's no set limit on damages in Illinois wrongful death cases. Compensation depends on each case's circumstances. The purpose of a death lawsuit is to recover monetary damages. 

Factors include the number of dependents, direct and indirect financial losses, and projected lost contributions from the deceased. Other factors are considered based on the wrongful death event. This ensures a fair judgment determination. 

Who can recover from the wrongful death claim in Illinois? 

The surviving spouse and next of kin, such as children and parents, can recover damages. This is clarified in Illinois Statute 740 ILCS 180. 

An experienced wrongful death attorney guides families through this statute and helps determine notice requirements. An attorney provides crucial support during the grieving process and ensures those impacted receive rightful probate court counsel. An attorney specializing in such claims in Illinois will know how the law in your loved one's death applies to their area. 

What is the difference between wrongful death and negligence? 

Negligence is a careless act or failure to act that causes harm. It occurs when someone fails to exercise adequate care, potentially leading to harm. Negligence cases can involve multiple factors. For instance, an omission may have occurred while in the commission of their job for a trucking company, causing a truck accident that results in a wrongful death. An experienced attorney must review and investigate all the specifics of each incident. 

Wrongful death results from negligence. Negligent actors are known as tortfeasors. Families who lose loved ones in such accidents have support options through grief resources. A survival action, while filed alongside a wrongful death action, focuses on the injuries and losses suffered by the deceased before their death. 

What is the highest wrongful death settlement? 

Settlement or court award amounts vary significantly. Factors include claimants, beneficiaries, dependents, and other financial dependents. There have been multi-million-dollar wrongful death settlements. These cover egregious cases across legal domains, including commercial motor vehicle incidents, airline incidents, and medical malpractice. It’s crucial to consider various criteria to determine appropriate payouts in recent cases. Attorneys may specialize in cases involving car accidents. 

This information becomes public after settlement and case closure following legal procedures. Experienced legal counsel specializing in such sensitive cases provides appropriate representation. Their expertise reduces stress during challenging times. Their high ethical integrity provides comfort and support during the lengthy litigation process. 

Conclusion 

Losing a loved one is incredibly difficult. The aftermath can be especially challenging. While money can't compensate for the loss, a Chicago wrongful death attorney can advocate for you. They'll help you navigate complex legal proceedings and understand the process for bringing a wrongful death lawsuit. You can bring a wrongful death action and potentially a survival action as well. Attorneys may specialize in these particular areas. An attorney will handle all interactions with the at-fault party or with government agencies when required. Be sure to find an experienced wrongful death lawyer near you. 

At DJC Law, we offer personalized legal services and support. We can help you seek fair compensation, resolution, and peace of mind. We hold negligent parties accountable to justice. This is our mission when handling wrongful death claims in Chicago. Sometimes, due to notice requirements in Illinois, certain limitations may apply. Contact a wrongful death lawyer to get legal advice as soon as possible so you are not barred from recovering your compensation. A skilled wrongful death attorney near you will be very helpful. 

Choosing a compassionate and capable Chicago wrongful death attorney is the first step toward justice. Let us protect your rights. Our Chicago law firm, with decades of experience, has recovered over $400 million in settlements. We have the utmost experience working with families, offering resources, and providing expert consultation throughout these trying times. Contact us today to schedule a free consultation.