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Illinois Wrongful Death Lawyer

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Illinois Wrongful Death Lawyer

Illinois Wrongful Death Lawyer

Experiencing the loss of a loved one is heartbreaking, and when that loss occurs due to someone else’s negligence, recklessness, or intent, the tragedy is immensely painful. Illinois law recognizes the rights of families to seek rightful compensation if they have lost a loved one due to wrongful death. 

Families can recover compensation in various wrongful death cases such as fatal car accidents, workplace injuries, medical malpractice, product or premises liability, and other instances resulting in death. At the Injury Lawyer Team, our wrongful death lawyers are committed to providing you with strong legal expertise. 

Schedule a free case evaluation for a wrong death in Chicago, Illinois. All sensitive or confidential information shared with our legal team remains private through an attorney-client relationship.

Contact our Illinois wrongful death lawyers to schedule a free consultation. All confidential or sensitive information shared with your Illinois wrongful death lawyer remains private through an attorney-client relationship.

wrongful death statute of limitations Illinois

What is a “Wrongful Death” Under Illinois Law? 

Legally, “wrongful death” refers to situations where someone’s negligence, carelessness, or misconduct causes another person’s death. These wrongful death cases arise from incidents like fatal car accidents, pedestrian accidents, product or premises liability, and medical malpractice cases. 

Laws in Illinois and other states enable victims’ representatives, often close family members, to pursue damages from the responsible party to compensate for their suffering.

Under Illinois law, wrongful death occurs when a person dies due to another party’s negligence, malpractice, or intentional acts. It’s similar to a personal injury claim where the deceased can no longer pursue legal action. Instead, someone else files a claim on their behalf. 

Various incidents, like car accidents, medical malpractice, or intentional acts, can lead to a wrongful death lawsuit.

Wrongful Death Statistics in Illinois 

These are some of the important statistics related to wrongful deaths in Illinois, representing the need for stricter regulations and legal protection. 

In 2020, unintentional injuries claimed 7,159 lives in Illinois, making it the fourth leading cause of death, up from 6,086 deaths in 2019.

Poisoning was the main cause of injury deaths in 2019, accounting for 2,956 fatalities. Other leading causes of wrongful deaths in that year included firearm incidents, falls, motor vehicle accidents, suffocation, drowning, fire-related incidents, and various other injuries. 

Notably, Chicago, within Cook County, witnessed 2,066 injury-related deaths per residence.

According to the Illinois Department of Public Health, in 2022, there were a total of 7,482 unintentional injuries or accidents reported by Illinois residents. 

The recent data by the Illinois Department of Public Health show that around 122,977 residents died in 2022. That’s 17,512 more than pre-pandemic levels. 

In 2021, the age-adjusted death rate of accidents was 56.7 per 100,000 Illinois residents.

Most wrongful death lawsuit settlements in Illinois pay $500,000 or more on average. 

Funeral expenses in Illinois Wrongful Death

What’s the Difference Between Survival Act and Wrongful Death Act

The Illinois Wrongful Death Act and Illinois Survival Act both help families of wrongful death victims to recover compensation for their losses. Although similar, these acts have distinct differences. 

The main difference is in whose damages are being sought. Under the Wrongful Death Act, family members pursue compensation for their losses due to the death of a loved one. Whereas, claims under the Survival Act focus on the victim’s damages from the injury leading up to their death, which the family can recover through the deceased’s estate.

A wrongful death claim is filed when someone dies immediately due to another party’s negligence, seeking compensation for loss of financial support, pain and suffering, and funeral expenses. 

On the other hand, a survival action claim is filed when the victim is injured by negligence but dies later, aiming to cover medical bills incurred between the accident and death. This type of claim ensures accountability for the responsible party despite the delay in the victim’s death. 

What are the Common Causes of Wrongful Deaths in Illinois? 

Wrongful deaths can happen due to various reasons leaving families devastated by profound grief and loss. 

  1. Car accidents
  2. Motorcycle accidents
  3. Pedestrian accidents
  4. Bicycle accidents
  5. Drunk driving accidents
  6. Slip and fall accidents
  7. Faulty or defective products
  8. Workplace accidents
  9. Medical malpractice
  10. Nursing home neglect

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Navigating through these tragedies requires legal support to seek justice and restore dignity for the affected families. A Chicago wrongful death lawyer can assist in holding the responsible parties accountable through a wrongful death lawsuit.

Under Illinois Law, Who Has the Right to Recover Damages in a Wrongful Death Claim? 

The Illinois Wrongful Death Act, 740 ILCS 180/1, is a cause of legal action pursued by the Special Administrator on behalf of the widow and next of kin for their “financial losses.” 

These losses encompass monetary compensation such as lost wages, services, and goods received by the deceased’s family. Additionally, when there are surviving children, it covers the parental guidance, moral upbringing, and educational support they would have received. 

Financial compensation also includes emotional trauma, including the loss of companionship for a spouse, parent, or sibling. 

Under the Wrongful Death Act, “The amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person.” 

A jury in an Illinois wrongful death lawsuit has the authority to award damages, including compensation for emotional distress such as grief and mental anguish.

Chicago wrongful death

Understanding Statute of Limitations for Wrongful Death Cases in Illinois 

All civil actions, including wrongful death lawsuits, have legal deadlines within which an individual must file their case. These time limits are established by statutes of limitations law. When the statute of limitations period runs out, you lose your right to file a wrongful death claim, hold the at-fault party accountable, and seek financial recovery. 

Under Illinois law, the statute of limitations for wrongful death claims typically gives two years from the time of the death to initiate a wrongful death claim. However, exceptions apply to the statute of limitations law, such as in medical malpractice cases, where the “discovery rule” extends the limit to two years after discovering the injury or within four years of the negligence. 

Moreover, wrongful death claims against government agencies must be filed within a year. For minors, the statute of limitations deadline to file a claim is extended to two years after they turn 18.

Consult with an Illinois wrongful death lawyer to understand the necessary notice requirements applicable to your case. 

What Types of Compensation are Available for an Illinois Wrongful Death? 

In personal injury claims, an Illinois wrongful death attorney can pursue compensation for several damages, including:

  • Medical expenses before the victim’s death
  • Funeral and burial costs
  • Mental suffering endured by the victim and their family
  • Loss of companionship for the surviving spouse
  • Lost income and financial support
  • Pain and suffering 
  • Loss of inheritance and financial benefits
  • Punitive damages are available when the actions of the party at fault are exceptionally egregious.

Calculating fair compensation for a wrongful death claim can be difficult, especially for non-economic damages. However, skilled Illinois attorneys from our law firm evaluate fair settlements for wrongful death cases. 

How to Prove Fault in a Wrongful Death Case? 

In a wrongful death claim, proving fault is crucial for the bereaved to secure justice and compensation. The plaintiff, represented by a wrongful death lawyer, is required to demonstrate that the negligent party is accountable for the death, either through negligence or intentional harm. 

Proving fault in an Illinois wrongful death claim involves establishing four key elements:

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  1. Duty of Care: The plaintiff’s legal representative must establish that the defendant owed a duty of care to the deceased.
  2. Breach of Duty: Next, it is essential to demonstrate how the defendant breached this duty, whether through direct actions or negligence that deviated from reasonable conduct.
  3. Damages: The plaintiff’s wrongful death attorney must then evaluate the economic and non-economic damages resulting from the defendant’s negligence, involving both the deceased and the claimants.
  4. Causation: Lastly, establishing causation requires proving that the defendant’s negligence directly caused the damages, thereby proving their fault in the wrongful death case. 

How an Illinois Wrongful Death Lawyer Helps You Fight for Justice 

Our Illinois wrongful death lawyers at the Injury Lawyer Team understand the deep loss of losing a loved one. We focus on seeking justice and compensation for victims of wrongful death, throughout Chicago, Illinois. 

Our wrongful death attorney conducts thorough investigations, gathering evidence and working with qualified experts to build a strong wrongful death claim. We carefully review insurance coverage to maximize compensation for our clients. Our law firm negotiates with insurance companies to ensure fair settlements, advocating for the full extent of damages incurred. 

In cases where negotiation is unsuccessful, our experienced wrongful death attorneys are prepared to litigate to secure financial compensation for our clients. Throughout the process, we become a reliable legal support for the clients, bringing justice and closure to families affected by wrongful death. 

Schedule a Free Consultation With an Illinois Wrongful Death Attorney 

Did you lose a loved one because of someone else’s negligence, violent actions, or medical malpractice? Are you planning to seek monetary damages from the responsible parties by filing a wrongful death lawsuit?

The Illinois wrongful death lawyers at Injury Lawyer Team, sponsored by Rosenfeld Law Offices, can help you file a wrongful death lawsuit and seek the fair compensation you deserve. Contact us today at (888) 424-5757 to schedule a free consultation.

We accept all wrongful death lawsuits on a contingency fee basis, meaning clients pay no upfront fees for legal representation until our Illinois wrongful death attorneys resolve wrongful death claims through a negotiated settlement or jury award.