The death of a loved one can be even harder when their fatal injuries were caused by someone else’s negligence. Along with your loss, your family may face emotional and financial burdens. An Arlington Heights wrongful death lawyer from our personal injury law firm can help you seek justice and hold the responsible parties accountable for the injury victim’s death. Call our Arlington Heights law office today for a free consultation.
Do I Need a Lawyer After a Wrongful Death Accident in Arlington Heights?
What Is a Wrongful Death in Arlington Heights?
A death is considered “wrongful” under the Illinois Wrongful Death Act (740 ILCS 180/) when it results from another person’s or entity’s negligent or wrongful actions. A key factor is determining whether the death could have been prevented if not for the other party’s actions.
How Can You Prove Wrongful Death in Arlington Heights, IL?
To prove wrongful death in Illinois, a knowledgeable and experienced wrongful death lawyer must show four things:
- Duty of care: the defendant had a legal duty to act safely.
- Breach of duty: they failed to uphold that duty.
- Causation: negligent or intentional actions directly caused the person’s death.
- Damages: the death led to financial losses (like medical bills) for the surviving family members.
Common Types of Accidents That Cause Wrongful Death in Arlington Heights
Any type of fatal accident can potentially be classified as a wrongful death, but some accidents causing serious injuries are more common than others:
- Motor vehicle accidents—car, truck, and motorcycle accidents
- Medical malpractice—medical negligence, medical errors, or birth injuries
- Slip and fall accidents due to negligent property owners
- Workplace accidents
- Construction site accidents
- Product defects
What Does Not Qualify as a Wrongful Death?
Not all deaths are considered wrongful. Deaths from natural causes or unavoidable accidents don’t qualify. However, if negligence contributed in any way, you may be able to pursue legal action and hold the negligent party accountable.
Who Can File a Wrongful Death Suit in Illinois?
Only the personal representative of the deceased’s estate can file a wrongful death lawsuit, according to Illinois law. In most wrongful death cases, this is typically an immediate family member (like a surviving spouse or adult child) who is named in the deceased’s will or appointed by the court.
Who Can Be Held Liable for a Wrongful Death in Arlington Heights?
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
After a loved one’s death, families can recover both economic and non-economic wrongful death damages. Our legal team can help you pursue compensation for:
- The physical pain an injured person suffered before death
- Medical expenses
- Funeral and burial costs
- Lost income (future income and other financial support)
- Mental suffering (like emotional distress)
- Loss of companionship
- Punitive damages (in rare cases)
How Long Does It Take to Settle an Illinois Wrongful Death Case?
Most wrongful death claims can take months or years to resolve, depending on the complexity of the case, the available evidence, and the willingness of the at-fault party to settle.
Our IL wrongful death lawyers handle all legal elements. We gather and preserve evidence (like medical records and police reports), negotiate with insurance companies, and work to resolve your case as quickly and efficiently as possible.
How Long Do I Have to File an Illinois Wrongful Death Lawsuit?
In Illinois, the statute of limitations (735 ILCS 5/13-114) for wrongful death lawsuits and other personal injury cases is typically two years from the date of death, with some exceptions. Contact our law firm for legal representation.
Seek Legal Advice from Our Law Firm
Our personal injury lawyers have decades of experience navigating personal injury lawsuits in Cook County and across the state. We can work to prove negligence—ensuring the at-fault party is held accountable for their actions—and recover compensation for funeral expenses and more.
Schedule Your Free Case Consultation
If intentional or negligent acts caused a family member’s death, call for a free case evaluation. In these meetings, our Arlington Heights, Illinois, wrongful death attorneys will review your case and discuss your legal options for recovering fair compensation for monetary damages (including non-economic damages).
(312) 223-1700