Joliet Wrongful Death Lawyers

Why Choose Midwest Injury Lawyers for Your Joliet Wrongful Death Claim?

Some people believe all personal injury firms are the same and, therefore, it doesn’t matter who you choose to represent you. In fact, your choice of wrongful death attorney has a significant effect on your claim and how much money you recover.

Here are a few reasons to choose Midwest Injury Lawyers for your Joliet wrongful death case:

• Consistent Communication – At Midwest Injury Lawyers, we believe in proactive communication with every client. We will update you regularly and reply promptly whenever you have a question or concern.
• Skilled and Aggressive Advocacy – Insurance companies have large teams of adjusters and lawyers whose sole job is to limit how much money you receive from a claim. Our Joliet wrongful death lawyers level the playing field by providing you with the aggressive, experience-based representation you need to recover maximum compensation.
• Proven Results – Throughout their careers, our attorneys have recovered more than $50 million in compensation for our clients. While we can’t tell you how much your claim is worth until we investigate further, you can count on us to pursue the full amount you qualify for under the law.
• No Risk to You – Everyone deserves a skilled and experienced attorney to represent them. That’s why we don’t charge any upfront fees in these cases. We only get paid if we recover compensation in your case. This approach allows you to pursue the money you need without taking any unnecessary financial risk.

Compensation From Wrongful Death Cases in Joliet

Your compensation from a wrongful death claim depends on multiple factors, so we can’t tell you how much it’s worth until we investigate your claim. However, a wrongful death claim can encompass many losses you or your family have suffered.

Some of the losses for which you can seek compensation include:

• Medical Expenses: Wrongful death claims typically include money to cover the cost of medical care the deceased received before passing away. This category includes hospital bills, medication costs, and any other related expenses.
• Funeral and Burial Costs: As part of a wrongful death claim, you can pursue compensation for expenses related to the funeral and burial or cremation of the deceased. This includes service fees, casket or urn costs, and burial plot or cremation expenses.
• Loss of Income and Benefits: This addresses the financial support the deceased would have provided had they lived. It includes lost income, future earnings, and benefits like health insurance or retirement contributions.
• Loss of Consortium and Companionship: Spouses and close family members can claim compensation for the loss of the relationship and emotional support the deceased provided. This includes the loss of companionship, affection, and, in the case of a spouse, loss of marital intimacy.
• Pain and Suffering of the Deceased: Families can seek compensation for the deceased’s pain and suffering due to their injuries before their death. Though the deceased has passed on, this compensation acknowledges their physical and emotional distress before dying.
• Loss of Guidance and Nurturing: If the deceased had children, compensation from a wrongful death claim can include money for the loss of parental guidance, care, and nurturing.
• Grief and Sorrow of Survivors: The statute specifically allows the spouse and surviving relatives to pursue compensation for sorrow, mental suffering, and grief due to the loved one’s loss.
• Punitive Damages (in some cases): In cases of gross negligence or intentional harm, the courts may award punitive damages to penalize the wrongdoer and deter similar conduct by other people.

Who Can File a Joliet Wrongful Death Claim?

Some states allow anyone from the deceased’s family to file a wrongful death lawsuit, but that’s not the case in Illinois. According to the Illinois Wrongful Death Act, only the deceased’s personal representative can file a lawsuit.

Typically, the deceased names their representative in their will or another estate plan document.

If the deceased did not choose a personal representative, the courts can appoint someone to serve that role, and they can file a wrongful death claim on behalf of the deceased’s family.

Who Gets the Money From an Illinois Wrongful Death Claim?

The Illinois Wrongful Death Act says that any money recovered from a wrongful death claim is “for the exclusive benefit” of the deceased’s surviving spouse and other next of kin. In other words, the deceased’s surviving family members collect the compensation from a wrongful death claim.

If the case goes to trial, the judge decides how much money each eligible heir receives based on how much they depended on the deceased for financial or other support.

Deadline to File a Joliet Wrongful Death Lawsuit

According to the Illinois Wrongful Death Act, the deceased’s personal representative must file a lawsuit within two years of the deceased’s passing. This is the rule in most cases, though there are some exceptions. If this deadline passes, the courts will automatically dismiss your case.

Technically, you can still file an insurance claim even after the deadline to file a lawsuit passes. However, without the threat of a lawsuit as leverage, you have no way to make the insurance company pay up or force them to negotiate for a better settlement. Talk to an attorney as soon as possible to avoid potential issues with filing deadlines.

Accidents That Can Cause Wrongful Deaths

Any preventable accident that causes a death is grounds for a wrongful death claim. However, certain kinds of accidents tend to happen more often or cause more severe injuries, making them more likely to lead to a wrongful death.

Some types of accidents that cause wrongful deaths include:

• Car Accidents: People frequently die when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other obstacle. Factors like speeding, drunk driving, and distracted driving often contribute to these tragic incidents.
• Truck Accidents: Collisions involving larger vehicles like semi-trucks or 18-wheelers are more likely to kill someone due to the size and weight of the trucks. Causes often include driver fatigue, improper loading, or mechanical failures.
• Motorcycle Accidents: Motorcyclists have a higher risk of dying in accidents due to their exposure and smaller size compared to other vehicles. Visibility issues, road hazards, or inattentive drivers frequently contribute to fatal motorcycle crashes.
• Pedestrian Accidents: People walking along or crossing the street can die from injuries sustained from cars or trucks. Factors like impaired driving, drivers not yielding at crosswalks, or distracted driving can lead to such fatal accidents.
• Bicycle Accidents: Cyclists can suffer catastrophic injuries from road hazards or when cars and trucks strike them. Common causes include drivers not sharing the road properly or cyclists being in a vehicle’s blind spot.
• Medical Malpractice: This occurs when a healthcare professional fails to provide proper care, leading to the patient’s death. Common causes of medical malpractice fatalities include misdiagnoses, surgical errors, or medication mistakes.
• Workplace Accidents: Fatal accidents can happen in the workplace, especially in industries like construction or manufacturing. Common causes include falls, machinery accidents, or exposure to harmful substances.
• Defective Products: Everyday products with design or manufacturing products frequently cause wrongful deaths. These defective products range from faulty automotive parts and unsafe consumer goods to dangerous prescription drugs.

Injuries That Often Lead to Wrongful Deaths

If it’s severe enough, almost any injury can potentially cause someone to die.

That said, certain injuries are more likely to cause a wrongful death, such as:

• Head injuries and traumatic brain injuries
• Severed or crushed limbs
• Spinal cord injuries
• Internal bleeding
• Internal organ injuries
• Stabbings and knife wounds
• Gunshot wounds

How We Help in Your Battle Against the Insurance Companies?

Your opponents in a wrongful death claim include both the party who caused the accident and their insurance company. At Midwest Injury Lawyers, we stand with you in this fight, bringing our legal knowledge and determination to the forefront. Our team can handle the complexities of insurance policies and legal proceedings so you can focus on healing.

One of the primary ways we assist our clients is by conducting a comprehensive investigation into the wrongful death. We gather and analyze evidence, speak to witnesses, and work with scientific experts to build a robust case. Our goal is to present a compelling case to the insurance companies, demonstrating the responsible party’s liability and the extent of your losses.

Negotiating with insurance companies is another key part of our role. Insurance firms often aim to settle claims quickly and for as little as possible. We use our negotiation skills to push back against lowball offers, fighting for a settlement that truly reflects the value of your claim.

Our experience with insurance tactics helps us anticipate and counter their strategies to protect your rights throughout the process.

Should negotiations not yield a fair outcome, we are fully prepared to take your case to court.

Our experienced trial lawyers are adept at presenting cases before a judge and jury. We handle all aspects of the litigation process, from filing the lawsuit to presenting evidence and arguments in court. Our presence in the courtroom underscores our commitment to achieving justice for your loved one.

What to Do After a Family Member’s Wrongful Death?

Your actions in the coming weeks and months have a significant effect on the outcome of your claim, so you must take the proper steps.

Here’s what you do after a family member’s wrongful death:

• Consult a Wrongful Death Attorney: As soon as you can, speak with a wrongful death attorney. They can offer valuable legal advice and begin taking steps to protect your rights.
• Secure Important Documents and Evidence: Gather and secure any documents and evidence related to the wrongful death. This includes medical records, death certificates, and any related correspondence.
• Keep a Record of Expenses: Document all your expenses related to the wrongful death, including medical bills, funeral costs, and other associated expenses. This record helps support your claim when seeking compensation.
• Avoid Communication with Insurance Companies: Refrain from discussing the case with insurance companies without your attorney present. Insurance companies might try to get you to settle for less than you deserve or say something that could affect your claim negatively.
• Stay Organized: Keep all documents, correspondence, and records related to the case organized and accessible. This way, you won’t overlook anything, and your attorney has all the information they need.
• Attend All Legal and Court Appointments: Be present for all legal appointments and court dates related to the case. Your participation helps demonstrate the significance of your loss.

Talk to Our Experienced Joliet Wrongful Death Attorneys

The Joliet wrongful death attorneys at Midwest Injury Lawyers want to protect your rights and help you during this difficult time. We know no amount of money will make up for your loss, but we can help alleviate some of your burdens. Call us at (815) 714-6131 or reach out online for a free consultation.

Joliet Office

210 N Hammes Ave
Unit 205 C
Joliet, IL 60435
(815) 714-6131