Losing a loved one is devastating, especially when their passing is due to someone else’s negligence. If your family is facing this challenging time, an experienced Elgin wrongful death lawyer from our personal injury law firm can provide the legal representation you need to seek justice.
In this Article
How Does an Elgin Personal Injury Lawyer Prove Wrongful Death?
Duty of care: the responsible party was obligated to act safely.
Breach of duty: the defendant failed to meet this duty through negligence or harmful actions that caused fatal injuries.
Causation: their actions directly caused your loved one’s death.
Damages: the death led to measurable losses (medical bills, lost income, or emotional pain).
After wrongful death actions, an Elgin wrongful death attorney can gather evidence, build your case, fight for justice and fair compensation. If needed, your skilled trial attorney can argue your case in court.
What Is a Wrongful Death in Illinois?
Wrongful death occurs when someone dies due to another person’s negligence or intentional actions, such as car accidents, medical malpractice, or unsafe workplace conditions.
Under the Illinois Wrongful Death Act (740 ILCS 180/), families of the deceased can file wrongful death claims through the estate’s representative to recover compensation like funeral expenses and financial support.
Who Can File an Illinois Wrongful Death Lawsuit?
Under Illinois law, only certain individuals can file a wrongful death lawsuit. Typically, this right is given to the personal representative of the deceased person’s estate, like the deceased’s surviving spouse, parent, or adult child. This person can a file wrongful death lawsuit for eligible family members suffering from the loss. If you’re unsure about your rights, our wrongful death attorneys can help.
Common Types of Accidents That Cause Wrongful Death in Elgin, IL
Wrongful deaths are caused by a wrongful act, including:
Fatal crashes (like car or motorcycle accidents)
Workplace accidents or unsafe working conditions
Medical malpractice cases (medical errors or misdiagnoses)
Slip and fall incidents caused by unsafe property conditions
Defective or dangerous products
Who Can Be Held Accountable for a Wrongful Death?
Individuals or entities whose negligence or wrongful actions result in a person’s death can be held liable in personal injury cases. This may include employers, drivers, property owners, healthcare professionals, or manufacturers of faulty products.
What Is Not Considered Wrongful Death in Illinois?
According to Illinois law, a death caused by natural causes or an unavoidable fatal accident is not considered wrongful death. Additionally, if the deceased person was found to be at fault for their own death, it may not be considered a valid wrongful death case.
What Is My Elgin Wrongful Death Case Worth?
The value of many wrongful death cases depends on factors such as the amount of medical bills, lost income, funeral costs, the emotional suffering of surviving family members, and (in rare cases) punitive damages. While no amount of money can replace your loved one, compensation can ease financial burdens and provide some sense of justice.
After a victim’s death, we can take on the legal burden, help you take action, and recover damages. We also assist in evaluating your personal injury claim and negotiating with insurance companies.
How Long Does It Take to Settle a Wrongful Death Case?
The timeline for wrongful death cases varies and can take months or even years to conclude. Factors like case complexity, available evidence, settlement negotiations, and court scheduling all play a role.
Our personal injury attorneys work diligently during the legal process to reach a fair settlement quickly, while also ensuring you receive the compensation you’re entitled to.
Call Us for a Free Consultation
When a negligent person injured the loved who died, our personal injury law firm is here to help you take legal action, prove liability, and hold the responsible party accountable. Our legal team can help injury victims pursue justice and seek compensation with a personal injury lawsuit. Contact us today for a free, virtual initial consultation.
Get help from an Elgin wrongful death lawyer when you've lost a loved one because of someone else's negligence.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Latisha S.
Great service. They helped me get my money, and everyone was very pleasant even though the health insurance took a while. Everything was on point on Kryder’s side.
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