Chicago Wrongful Death Lawyer
Wrongful death is an act that results in the death of an individual, which could have been prevented if the party responsible had acted reasonably. Wrongful injury deaths can result from an accident, medical malpractice, a negligent act, or an intentional act.
When a wrongful death occurs, the victim’s family members may be able to file a wrongful death lawsuit against the party responsible. A wrongful death lawsuit can provide financial relief to the victim’s family members, but it can also help them get closure after their loved one’s death.
Did you lose a loved one through wrongful death and want to hold the responsible party financially accountable? The personal injury attorneys at Injury Lawyer Team, sponsored by Rosenfeld Law Offices, seek justice for surviving family members who lost a loved one through someone else’s negligence or intentional act.
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Contact our wrongful death attorneys today to schedule a free consultation. All sensitive or confidential information you share with our legal team remains private through an attorney-client relationship.
What Is a Wrongful Death?
Wrongful death is a legal term used to describe a situation in which a person is killed due to the negligent or intentional act of another. The term “wrongful death” can refer to criminal and civil cases.
A wrongful death action is a civil lawsuit brought by the family or estate of the person who died due to the other person’s negligence or intentional act.
The wrongful death claim can be brought by a surviving spouse or the surviving family members. They can seek compensation through a legal claim.
National Wrongful Death Statistics
Yearly, wrongful death kills an estimated 128,000 people in the United States. This number includes fatalities from car crashes, workplace accidents, medical malpractice, intentional actions, or wrongful act.
National wrongful death statistics show that the problem is widespread. In 2020, for example, more than 146,000 people died due to wrongful death. There are more than 400 wrongful death victims every day!
The numbers are even higher for certain groups of people. For example, the National Highway Traffic Safety Administration (NTSA) reports that more than 37,000 people die yearly in motor vehicle accidents, amounting to more than 100 deaths daily.
Illinois Wrongful Death Statistical Data
According to the Illinois Department of Public Health (IDPH), in 2020, there were 943 wrongful death cases in Illinois, which is a 3% increase from the previous year. Most Illinois wrongful death cases (72%) involved motor vehicle accidents. Approximately 5% involved motorcycle accidents.
The second most common type of case was poisoning, which accounted for 10% of all wrongful death cases. Homicide was the third most common type of case, accounting for 8% of all wrongful death lawsuits.
The National Center for Wrongful Death Reporting collects data on wrongful death cases from all 50 states. According to their latest report, only 24% of families received monetary damages after the victim’s death. 43% of families never received any information about whether or not their case regarding their loved one’s death was pursued.
Families who are seeking justice after the death of a loved one should seek the help of a wrongful death lawyer. These Chicago wrongful death lawyers have the experience and knowledge to help families recover damages for their loss.
Common Causes of Illinois Wrongful Death
- Car crashes: They are the leading cause of wrongful death in Illinois. In 2016, 939 people were killed in vehicle accidents, accounting for more than a third of all wrongful death claims in the state.
- Medical malpractice: Healthcare providers can make mistakes in diagnosis, treatment, or surgery that can lead to severe injury or death.
- Truck accidents: These are common causes of wrongful death. Due to the size and weight of trucks, they can do much damage when colliding with smaller vehicles.
- Slip and fall accidents: These are other common causes of wrongful death. These accidents can happen anywhere, from grocery stores to office buildings.
- Defective products: They can cause serious injuries or even death. When manufacturers release unsafe products, they can be held liable for any damages to the deceased victim.
- Animal attacks: These can be very dangerous and often result in serious injuries or death.
- Premises liability: Property owners can be held liable for wrongful death if someone is killed on their property. It might happen if the property is not adequately maintained or there is no security to protect visitors from harm.
- Workplace accidents: A worker is killed on the job every five days in Illinois, making it one of the deadliest states in the country for workers. Common causes of workplace accidents include malfunctioning equipment, slips, falls, and chemical exposure.
- Gun violence: Guns kill nearly 33,000 Americans yearly and injure another 75,000. Illinois is ranked eighth in the nation for gun violence, with a rate of 10 deaths per 100,000 people. Common causes of gun violence include gang-related activity and domestic violence.
- Construction site accidents: They can be very dangerous and often lead to the victim’s death because of a wrongful act.
- Pedestrian accidents: These are another leading cause of wrongful death in Illinois. Many pedestrians are killed yearly by careless drivers who don’t yield the right of way.
- Assault: Every day, four women are killed by their partners in the United States. Domestic violence is a leading cause of death for women aged 15-44.
- Nursing home abuse: It is a severe problem in the United States. Thousands of elderly people are abused each year by the nurses and staff at nursing homes.
- Airplane crashes: These are rare but still happen occasionally. When a plane crashes, there is often little chance for survival for those on board.
- Structural failures: Every year, thousands of people die due to structural failures, and many of these deaths could have been prevented if the injured victims had received proper treatment.
- Boat accidents: Every year, hundreds of people die from boat accidents, and many of these deaths could have been prevented if the drivers had been more careful.
Who Has the Right to File a Chicago Wrongful Death Claim?
Only specific individuals are legally allowed in Illinois to file a wrongful death lawsuit. The list of authorized plaintiffs includes the deceased person’s surviving spouse, children, and parents.
If the deceased person was unmarried, had no surviving children, or was an orphan, the lawsuit may be filed by any of the deceased person’s siblings, grandparents, or the deceased’s estate. In some cases, the estate executor may also file a wrongful death lawsuit.
If you have lost a loved one and are unsure whether you are an eligible family member to file a wrongful death lawsuit, it is best to speak with an experienced Chicago wrongful death lawyer.
The Illinois Law Statute of Limitations for a Wrongful Death Lawsuit
According to Illinois law, the statute of limitations for a wrongful death suit is two years, which means the victim’s family has two years from the death to file a wrongful death suit against the negligent party or parties.
It can be challenging for families who are already grieving the loss of a loved one, so it is crucial to contact a personal representative to help you while you grieve.
It is important to seek justice for your deceased family member and hold accountable the parties whose actions led to the death. An experienced Chicago wrongful death attorney can help you through this process and ensure that your rights are protected.
Illinois Wrongful Death Act and Survival Act
The Survival Act and the Wrongful Death Act are two critical pieces of legislation that help protect individuals’ rights.
The Survival Act allows individuals to make decisions about their medical care, even if they cannot communicate. It is essential because it ensures that individuals can receive the care they want, even if they cannot express that themselves.
The Illinois Wrongful Death Act allows individuals to sue for damages if someone dies due to another person’s negligence. It is essential because it will enable a family member to recover damages for their loss.
Evaluating a Wrongful Death Case
In the United States, when a person dies due to the negligence or recklessness of another individual or entity, their surviving family may file a wrongful death claim in civil court.
A wrongful death case can provide financial compensation to the deceased’s family for medical bills, funeral costs, pain and suffering, and loss of income.
How much are wrongful death claims worth? Such a question is difficult to answer definitively, as the value of a wrongful death case depends on various factors, including the severity of the injury or illness that led to death, the age and health of the deceased person, and the relationship between the dead and the survivors. However, on average, a wrongful death case is worth around $1 million.
You may be entitled to file a wrongful death claim if you have lost a loved one due to someone else’s negligence or recklessness. Contact an experienced Chicago wrongful death attorney to learn more about your legal options in a free consultation.
Medical Malpractice and Wrongful Death
Medical malpractice is when a doctor, nurse, or other medical professional makes a mistake that causes their patient’s death. It can be anything from an incorrect diagnosis to an accidental overdose.
If you or a loved one has been a victim of medical malpractice, you need to speak with an attorney immediately.
- Surgical mistakes: One of the most common types of medical malpractice can include leaving surgical tools inside a patient’s body or operating on the wrong body part. These mistakes can often be deadly, leading to severe infections or other complications.
- Misdiagnosis: Misdiagnosis is another common type of medical malpractice that can lead to wrongful death. If a doctor diagnoses a patient with the wrong illness or fails to diagnose a serious disease, it can often be deadly.
- Medication errors: Prescriptions are filled incorrectly, resulting in the patient taking the wrong medication or dosage. Patients are not adequately monitored while taking medication, which can lead to dangerous interactions.
- Anesthesiology errors: Failure to properly monitor patients during surgery can lead to anesthesia overdoses and other life-threatening complications.
- Birth injuries: Improper handling of a baby during delivery can cause serious birth injuries, such as brain damage or cerebral palsy.
- Failure to diagnose or delayed diagnosis: A doctor’s failure to accurately diagnose a medical condition can lead to severe health complications and even death.
- Negligence during childbirth: Mishandling of the birthing process can result in oxygen deprivation to the baby, causing brain damage or death.
- Nursing home abuse or neglect: Elderly patients in nursing homes are often neglected by staff, leading to malnutrition, dehydration, and even death.
- Medical equipment malfunctions: Malfunctioning medical equipment can cause serious injury or death if not properly used by medical professionals.
- Hospital infections: Patients admitted to the hospital are at risk of serious infections due to unclean conditions and a lack of proper hygiene protocols.
- Radiation therapy mistakes: Errors during radiation therapy treatment can cause extensive tissue damage and even death.
- Negligence: This is a leading cause of wrongful death, such as failing to provide proper care to a patient or prescribing the wrong medication.
Car Accidents and Wrongful Death
- Distracted driving: Drivers are often distracted by their phones, radios, or other passengers, leading to tragic accidents.
- Drunk driving: Drunk drivers often cause accidents when they lose control of their cars.
- Reckless driving: Drivers who speed and take risks often cause deadly accidents.
- Fatigued driving: Motorists exhausted from lack of sleep can easily fall asleep at the wheel, leading to deadly accidents.
- Defective car parts: Faulty brakes or steering can lead to a deadly car accident when the car is in motion.
- Car jackings: Carjackers can steal cars and then crash them into other vehicles, leading to fatalities.
- Road rage: Aggressive drivers can fight with others on the road, leading to deadly accidents.
- Unsafe lane changes: Failing to check blind spots before changing lanes can result in head-on collisions.
- Running red lights: Disregarding traffic signals can lead to T-bone collisions at intersections.
- Speeding: Driving too fast for conditions can lead to losing control of the car and crashing into other vehicles or objects, leading to a head-on collision.
- Car wrecks caused by severe weather conditions: Rain, sleet, snow, and ice can make roads extremely dangerous and cause fatal car wrecks.
- Pedestrian accidents: Pedestrians are often struck by cars when they cross streets or walk in parking lots.
- Animal collisions: Animals such as deer can run out into the road without warning and cause serious vehicle accidents
How Can a Chicago Wrongful Death Attorney Help Your Case
Understanding the Process
Likely, you have never dealt with a wrongful death claim before, so, understandably, you won’t be thoroughly familiar with the legal process, which may be challenging to grasp and navigate.
Specialized attorneys who focus on wrongful deaths have experience navigating these situations and know exactly what must happen and how to guarantee you receive fair compensation.
Understanding the Value of Your Wrongful Death Case
An experienced legal personal representative will have the necessary tools to accurately assess the value of your case. You could easily underestimate the value of your wrongful death claim. An attorney will thoroughly evaluate your situation to determine how this loss has affected your life and your family members’ lives. The proper monetary compensation may only be sought after the appropriate value has been established.
When a lawyer evaluates your wrongful death claim, they will consider several things, including the medical costs your loved one incurred, the cost of the funeral, the loss of future wages, and the grief and suffering you have had as a result of your loss.
Victims are not solely entitled to seek compensation for funeral and medical expenses. Settlements and awards for a wrongful death claim may consider all monetary and non-financial losses.
Providing Support
You are likely in the depths of sorrow and adjusting to your new life because most wrongful deaths occur suddenly, leaving the surviving loved ones to deal with the loss. Even in the best of circumstances, it can be challenging to think appropriately about legal matters;
A legal personal representative will give any assistance you require. They will be with you every step, ensure that the correct compensation is awarded, and evaluate the existence of available insurance coverage.
Going to Trial
Not every wrongful death lawsuit proceeds to trial, but you should be ready just in case you can’t settle. Your personal injury lawyer will make every effort to resolve the matter amicably with the other side to avoid going to court.
Occasionally, too many issues or other obstacles can prevent a fair resolution. You should have a trial-experienced lawyer in certain situations, especially if it’s hard to establish that the defendant owed a duty of care to the deceased victim.
Communicating With Other Parties
A fair settlement can occasionally be impossible because of many issues or other circumstances. In those situations, you need to have a trial-experienced lawyer on your side.
You should also avoid seeking to settle the claim with the insurance provider on your own. Remember that the insurance provider will attempt to offer you a settlement significantly less than what would be deemed appropriate compensation in your case because they want to pay out as little as possible. Accepting a speedy settlement is common, but an attorney will make sure it is also a fair payment.
Accessing Experts and Preserving Evidence
When you contact an experienced Chicago wrongful death lawyer, you also get access to the many experts they have consulted with over the years. For instance, determining your loss’s monetary value might require a financial professional’s assistance. Alternatively, if the fault is disputed, you could need the services of an accident reconstruction expert to demonstrate to the insurance provider, a judge, or a jury how the accident occurred and whose fault it was.
A competent personal injury attorney will use investigators to ensure that evidence is gathered correctly and preserved so it can be utilized to demonstrate fault and carelessness. If the evidence in the case is undisputed and you are less likely to go to court, insurance companies are more willing to make a reasonable settlement.
Hire Chicago Wrongful Death Lawyers to Recover Compensation for Your Loss
Did you unexpectedly lose a loved one? Was their death caused by negligence, and do you seek monetary damages from the responsible parties?
The Chicago wrongful death lawyers at Injury Lawyer Team can help you seek the justice and fair compensation you deserve.
Let our Chicago, IL, wrongful death lawyer file a personal injury claim on your behalf. Contact us to schedule a free consultation.
We accept all wrongful death lawsuits on a contingency fee basis, meaning you’ll pay no upfront fees for legal representation until our Chicago wrongful death attorneys resolve your claim through a negotiated settlement or jury award.