What Are the Potential Causes of Wrongful Death?
A wrongful death is one arising from someone else’s reckless, careless, or negligent actions. Similar to personal injury cases, many different circumstances can cause wrongful death claims. By Illinois law, if the decedent had survived and had the right to pursue compensation for their injuries, their personal representative can file a valid wrongful death claim on their behalf.
At Midwest Injury Lawyers, our compassionate Chicago wrongful death lawyers help families recover financially after the death of a loved one. They handle many different types of wrongful death cases. Here are some of the most common types of wrongful death claims.
Medical Malpractice
All healthcare facilities and medical providers, such as doctors, nurses, pharmacists, lab techs, and others, have a duty to provide each patient with quality care that meets the current medical standards. Medical malpractice happens when doctors and other staff violate their duties to only give acceptable standards of care to their patients, resulting in injuries or death.
Types of medical malpractice include:
- Prescribing the wrong medication
- Delayed diagnosis or misdiagnosis
- Birth injuries
- Surgical or anesthesia errors
- Nursing home abuse or neglect
- Defective medical equipment
When a loved one dies because of a medical professional’s negligence, their personal representative can file a wrongful death claim to receive financial compensation.
Motor Vehicle Accidents
The NHTSA (National Highway Traffic Safety Administration) reports that approximately 40,000 people in the U.S. die yearly from injuries they sustain in motor vehicle accidents. With so many deaths attributable to car accidents, it’s no
wonder that car accidents also lead to many wrongful death claims.
If your family member suffered fatal injuries in such an accident, you might have a wrongful death claim against the at-fault party—such as motorists, employers, commercial truck drivers, roadway government agencies, and even vehicle or parts manufacturers.
When you hire us, our Chicago wrongful death lawyers can investigate the accident to determine who is at fault. We aren’t afraid to stand up to large corporations and their legal teams when it comes to seeking justice on behalf of our clients and their deceased loved ones.
Product Liability
Another common cause of action for wrongful death is product liability. Illinois laws protect people by holding manufacturers, distributors, retailers, and product designers accountable for manufacturing and selling dangerous products. Defects with product design, development, or the manufacturing process can lead to preventable injuries and fatalities.
Workplace Accidents
Deaths from workplace accidents can occur nearly anywhere but most frequently occur in mining operations, manufacturing plants, and construction sites. Falls, explosions, asbestos, burns, or long-term exposure to other dangerous substances and chemicals can cause wrongful deaths in the workplace.
Determining Who Can File a Wrongful Death Claim
One of the most crucial pieces of a wrongful death claim is determining who can and should file the claim. Illinois law is very specific about who can file such a claim.
The personal representative of the deceased victim must file the claim. Most people appoint a personal representative within their legal will. However, if they haven’t appointed one when they die, the probate court will select one for them. Typically, the personal representative will be an immediate family member such as a spouse, a parent, or an adult child. This person will be responsible for administering their estate and filing a wrongful death claim.
How Long Do You Have to File a Wrongful Death Lawsuit in Illinois?
Illinois wrongful death lawsuits must begin within the two-year legal deadline set by the statute of limitations. If the decedent suffered an injury or was ill before their death, the statute of limitations begins on the date of their death, not the date of the injury or illness.
However, many exceptions may apply, and some of them give you less time to file your claim. Thus, families that lose a loved one due to another person or party’s negligent actions should consult our attorneys for information about how the statute of limitations will apply to their case.
Don’t wait to seek the legal help you need. Two years isn’t much time, especially when you are grieving the loss of a loved one. The sooner you reach out to our
attorneys, the better your chances of receiving full and fair compensation for your claim. Not filing a claim within the specified timeline will invalidate your claim.
Wrongful Death Damages
When a death occurs due to another party’s negligence, the family shouldn’t be left to pay the associated costs. For example, there may be medical expenses to pay, funeral, burial, and cremation costs. In addition, they might lose the financial support they received from the decedent.
After a loved one loses their life, giving rise to a wrongful death claim, you have the right to pursue damages. Damages are the financial representation of the losses suffered arising from a wrongful death claim.
In a wrongful death case, damages can include:
Medical bills:
The expense of surgeries, hospitalization, and medications can be overwhelming, especially as the medical bills keep coming in.
Funeral and burial expenses:
These costs can add up to thousands of dollars, depending on the type of service and burial chosen by the family.
Loss of financial security: If you relied on your loved one’s income, health insurance, and other economic benefits, the loss of this financial support can significantly burden you and your family.
Loss of companionship:
The sudden absence of a loved one is devastating. Missing the companionship and care of your deceased loved one can harm your physical, mental, and emotional well-being.
Pain and suffering:
The grieving process affects each aspect of your life, including your ability to go to work and concentrate and attend to other obligations. The pain you’re experiencing can often render you susceptible to many physical, psychological, social, and financial issues.
Negotiating a Settlement
Your Chicago wrongful death lawyer works to settle wrongful death claims without going to court whenever possible. They are skilled negotiators who understand what it takes to achieve a fair recovery after the death of a loved one. A negotiated settlement will decrease the time and expense of the lawsuit. It is also beneficial as it doesn’t require going to court and testifying, which can be emotionally draining and upsetting.
However, in some wrongful death cases, the at-fault party and their insurance company refuse to offer a fair settlement for the damages the deceased’s loved ones face. In these cases, our attorneys will represent your claim in court to do all we can to get you the compensation you deserve.
Chicago Wrongful Death FAQs
The careless actions of another party can cause a wrongful death. If someone you love loses their life in this manner, you can have a wrongful death claim on your hands.
Our Chicago wrongful death attorneys perform many critical jobs that will help you achieve the best outcome possible after the needless loss of a loved one. They can build your case to include all liable parties, highlight the damages you’ve suffered, and negotiate to help you avoid going to court. If litigation is necessary,
they can ensure they file your lawsuit on time and show the court why your family deserves compensation for the loss of your loved one.
With the help of our well-versed attorneys, a wrongful death lawsuit can also help pay for the high medical expenses and other costs incurred due to your loved one’s injuries before their death. It can also help provide financial support for those who have lost an income because of an injury or an unforeseen death. Legal action might also help prevent a similar tragedy from happening to other families. Sometimes a personal injury lawsuit is the only way to hold offenders and big companies liable for actions that put consumers at risk.
If you lose a loved one because of another party’s carelessness and negligence, you may hold them accountable for their actions. A wrongful death attorney can’t turn back the clock to make things as they were before the car accident. However, they help you obtain compensation for the awful, unexpected losses caused in your life.
In some instances, there may be criminal charges against someone for causing or contributing to the cause of your loved one’s death. For example, if your loved one was killed by a drunk driver, an assailant, or their significant other. Criminal cases don’t rely on civil wrongful death cases or vice versa. Your loved one’s personal representative can file a wrongful death lawsuit, regardless of what is going on in criminal court concerning their death.
However, if a court finds someone guilty of causing or contributing to your loved one’s death, it can help a civil wrongful death claim. With an experienced Chicago wrongful death lawyer by your side, you can work toward justice in both criminal and civil courts on behalf of your loved one.
This is a common question that our lawyers hear from grieving families. Unfortunately, there is no hard and fast rule about how long an Illinois wrongful death case can take.
Many variables will make this determination, such as how many parties are involved, how the death occurred, how strong the evidence is for the injured party, and the schedule of the courts. While some cases will result in a full and fair settlement in only a few months, others may take a year or two. Rest assured; your attorney will be by your side, advocating for you through the entire process, no matter how long it takes.
Contact the Experienced Wrongful Death Lawyers at Midwest Injury Lawyers Today
When someone you love needlessly loses their life to someone else’s negligence, your life will never be the same. No one can bring them back or change the circumstances of what happened. However, a compassionate Chicago wrongful death lawyer can help you and your family recover compensation that will help you as you forge the path forward. There are several ways a wrongful death lawyer can help. Speak to a wrongful death attorney to learn more about your options. Reach out to a Chicago personal injury lawyer.
At Midwest Injury Lawyers, it is our privilege to assist the family members and representatives of those who have lost a loved one at the hands of a negligent person or party in the Chicago Metro area. Our team of compassionate and experienced Chicago wrongful death lawyers is available to help you after a loved one’s death.
We offer no-obligation wrongful death case reviews. Contact us by phone at 312-786-5881 or online for yours today.
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