Chicago Wrongful Death Attorney: Get Justice Now

Table Of Contents: 

• Understanding Wrongful Death in Illinois  

  • Who Can File a Wrongful Death Claim?  

  • The Statute of Limitations for Wrongful Death Claims in Illinois  

• Determining Liability in Wrongful Death Cases  

  • Common Causes of Wrongful Death in Chicago  

• Seeking Compensation with a Chicago Wrongful Death Lawyer  

  • Navigating Legal Complexities  

  • The Role of a Chicago Wrongful Death Attorney  

• FAQs on Wrongful Death Claims in Chicago  

  • What is a wrongful death claim?  

  • Who can file a wrongful death lawsuit in Chicago?  

  • What damages can be recovered in a wrongful death claim in Chicago?  

  • What is the statute of limitations for filing a wrongful death claim in Chicago? 

• Conclusion 

Understanding Wrongful Death in Illinois 

In Illinois, the legal definition of wrongful death falls under Illinois Statute 740 ILCS 180. It states that wrongful death is a person's death resulting from someone else's negligence or wrongful conduct. This means if your loved one died due to another party's carelessness or intentional harm, you have grounds for a legal claim. 

Examples include car accidents caused by reckless driving or medical malpractice resulting in fatality. Even workplace incidents where neglected safety regulations lead to death fall under wrongful death. Essentially, any situation where another party's actions, or lack thereof, directly caused your loved one's death could be deemed wrongful death. This makes them liable for the devastating consequences and lets you file a wrongful death claim. 

Who Can File a Wrongful Death Claim? 

The Illinois Wrongful Death Act specifies who can file a wrongful death lawsuit. Typically, it's the deceased person's spouse, children, parents, or other family members. This "personal representative" acts on behalf of the deceased's estate. They seek compensation for the losses suffered by surviving family members. 

These losses extend beyond immediate financial burdens, like medical bills and funeral expenses. They include intangible losses such as the loss of companionship, loss of consortium, and emotional support. A wrongful death attorney in Chicago can help you determine who is eligible to file a claim in your situation. 

The Statute of Limitations for Wrongful Death Claims in Illinois 

It is crucial to understand that a limited time frame exists for filing a wrongful death lawsuit in Illinois. The statute of limitations generally gives you two years from the date of your loved one's death to file a claim. 

A few exceptions exist, such as medical malpractice cases. In these cases, the clock might start when the injury is discovered, not at the time of death. Given the complexities and time constraints, consulting with a Chicago wrongful death lawyer as soon as possible is always best. They can help clarify these details and ensure you don't miss critical deadlines. 

Determining Liability in Wrongful Death Cases 

Proving liability is a key element in any wrongful death lawsuit. This means demonstrating that the defendant's actions were directly responsible for the death of your loved one. This often involves a thorough investigation by a Chicago wrongful death attorney. 

Your attorney will gather evidence such as police reports, witness statements, and expert opinions to build a strong case. They will also work to determine if a survival action claim is appropriate. The burden of proof falls upon the plaintiff. 

This means you and your Chicago wrongful death lawyer must present convincing evidence as the person filing the lawsuit. This evidence shows that the defendant had a duty of care toward your loved one, that they breached that duty, and that this breach resulted in death. 

Common Causes of Wrongful Death in Chicago 

Wrongful death cases can arise from various circumstances. Some common causes in Chicago include medical malpractice, motor vehicle accidents (including truck accidents and motorcycle accidents), workplace incidents, defective products, premises liability issues, and product liability cases. Statistics show how frequently wrongful deaths occur due to preventable circumstances. 

The Illinois Department of Public Health reported 7,616 deaths caused by accidents in 2021 and 1,472 caused by assault or homicide. These accidents include pedestrian accidents, bicycle accidents, and construction accidents. 

The University of Illinois Chicago reports that between 10 and 20 people are killed yearly by law enforcement. There have been 60 to 108 fatalities in police interactions since 2015. The 2021 Medical Professional Liability Claims Study by the Illinois Department of Insurance found 2,198 death claims. These figures highlight the importance of seeking legal action when negligence leads to a loved one's loss. Taking such action helps to prevent similar occurrences in the future.  

For instance, a 2023 case involving a Chicago trucking company illustrates this point. The driver was on duty for more than the legal hours limit set by the Federal Motor Carrier Safety Administration. They caused a multi-vehicle collision, leading to fatalities. In this scenario, both the driver as well as the company were held liable. They should have ensured compliance with hours-of-service rules for their drivers. 

Seeking Compensation with a Chicago Wrongful Death Lawyer 

The purpose of a wrongful death lawsuit isn't just about holding the responsible party accountable. It's also about seeking financial compensation for the losses the family incurred. These damages typically cover medical expenses, funeral costs, loss of income, loss of companionship, and emotional pain and suffering. 

Navigating Legal Complexities 

It's important to remember that every case is different. Determining liability, establishing damages, and navigating the legal process are intricate tasks. A wrongful death lawyer possesses the knowledge and expertise to represent your family successfully. 

They can investigate the case, gather evidence, file the necessary paperwork, negotiate with insurance companies, and argue your case in court. An experienced lawyer can provide a free consultation to discuss the details of your case and answer any questions. 

The Role of a Chicago Wrongful Death Attorney 

Dealing with the profound grief of losing a loved one is incredibly difficult. Adding legal burdens on top of that can feel insurmountable. This is where a wrongful death attorney's expertise makes a difference. 

Here's a summary of what a dedicated Chicago wrongful death attorney can do for you: 

Action                                    Details

FAQs on Wrongful Death Claims in Chicago 

What is a wrongful death claim? 

In Chicago, a wrongful death claim is a legal action.  It's taken on behalf of surviving family members when someone dies due to another person's or entity's wrongful act. This "wrongful act" could be anything from a car accident to medical malpractice. This claim seeks to hold the responsible party accountable and provide financial compensation to the surviving family. 

Who can file a wrongful death lawsuit in Chicago? 

In Chicago, the law says that only the personal representative of the deceased person's estate can file a wrongful death lawsuit.  This representative is usually named in a will. If there's no will, the court will appoint one. Although the lawsuit is filed by the representative, it's done on behalf of the surviving spouse and next of kin. 

What damages can be recovered in a wrongful death claim in Chicago? 

In a wrongful death claim in Chicago, damages that may be recovered can include compensation for medical expenses, funeral and burial costs, lost income and future earnings, pain and suffering of the deceased before death, and loss of companionship and support for surviving family members. 

What is the statute of limitations for filing a wrongful death claim in Chicago? 

In Chicago, the statute of limitations for filing a wrongful death claim is typically two years from the date of the deceased person's death. It is important to consult with an experienced wrongful death attorney as soon as possible to ensure that all necessary steps are taken within the required timeframe. 

Conclusion 

A Chicago wrongful death attorney understands that no amount of money can ever truly compensate for losing a loved one. However, pursuing a wrongful death claim can bring a sense of justice and financial security to grieving families. A Chicago wrongful death attorney can serve as your dedicated advocate, ensuring your rights are protected and your voice is heard. 

They will help you receive rightful compensation for your tragic loss. They are equipped to navigate the complexities of these emotionally charged situations, offering much-needed support during a difficult time. If you've lost a loved one due to someone else's negligence, seek legal counsel from experienced Chicago wrongful death lawyers to understand your rights and legal options.