Losing a loved one can be overwhelming. It can be even more difficult when their death was caused by someone else’s negligence. Along with your tragic loss, your family may face emotional and financial burdens. A Bolingbrook wrongful death lawyer from our personal injury law firm can help you seek compensation. Call today for a free consultation.
Do I Need a Lawyer After a Wrongful Death Accident in Bolingbrook?
What Is a Wrongful Death in Bolingbrook?
Under the Illinois Wrongful Death Act (740 ILCS 180/), a death is considered “wrongful” if it was caused by another party’s negligent or wrongful act. This means the death could have been prevented if not for that party’s actions.
How Can You Prove Wrongful Death in Bolingbrook, IL?
To prove wrongful death, a knowledgeable personal injury lawyer must show four things:
- Duty of care: the defendant had a legal duty to act safely.
- Breach of duty: the defendant failed to uphold that duty.
- Causation: negligent or intentional actions directly caused the person’s death.
- Damages: the tragic death led to financial losses (like medical bills) for the surviving family members.
Common Types of Accidents That Cause Wrongful Death in Bolingbrook
Any fatal accident caused by the negligence or recklessness of someone else can lead to a wrongful death claim. Here are some common examples:
- Car crashes (due to negligent drivers)
- Truck accidents
- Motorcycle accidents
- Medical malpractice cases
- Slip and fall accidents (if property owners don’t maintain safe premises)
- Workplace accidents
- Construction site accidents
- Defective products
What Does Not Qualify as a Wrongful Death?
Not every death warrants a wrongful death claim. For example, deaths from natural causes or unavoidable accidents don’t usually qualify. However, if another party’s negligence contributed in any way, you may be able to pursue legal action.
Who Can File a Wrongful Death Suit in Illinois?
According to Illinois law, only the personal representative of the deceased person’s estate (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) is permitted to file a wrongful death lawsuit.
Who Can Be Held Liable for a Wrongful Death in Bolingbrook?
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
After a loved one’s death, families can recover wrongful death damages. Our experienced Bolingbrook wrongful death attorneys can help you secure fair compensation for economic and non-economic damages, such as:
- The physical pain an injured person suffered before death
- Medical expenses
- Funeral and burial costs
- Lost wages
- Emotional distress
- Loss of companionship
- In rare cases, punitive damages
How Long Does It Take to Settle an Illinois Wrongful Death Case?
Wrongful death claims can take months or years to resolve. The timeline depends on the complexity of the case, the evidence available, and whether the at-fault party is willing to settle.
Our Will and DuPage County wrongful death lawyers handle all legal aspects of the case. We gather evidence, consult medical experts, negotiate with insurance companies, and work to resolve your case as quickly and efficiently as possible. If needed, our trial lawyers can help you win compensatory damages in court.
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 the death. There are some exceptions, so seek legal representation right away.
Contact Our Law Firm Today
Our personal injury attorneys have decades of experience navigating personal injury lawsuits. We can work to prove negligence, gather key evidence, and recover compensation for funeral expenses and more.
Schedule Your Free Initial Consultation
Has negligence contributed to a family member’s fatal injuries in Bolingbrook or Chicago, IL? In cases of wrongful death, we can fight for your family’s rights. In your free case evaluation, our attorneys will review your case, discuss your legal options, and help you seek justice.
(312) 223-1700