Losing a loved one is especially difficult when their death was the result of someone else’s negligence or wrongdoing. After a tragic loss, a Champaign wrongful death lawyer from our personal injury law firm can help you seek justice for your loved one and hold the responsible parties accountable with a wrongful death claim.
In this Article
Do I Need a Lawyer After a Wrongful Death Accident in Champaign?
What Is a Wrongful Death in Champaign?
According to the Illinois Wrongful Death Act (740 ILCS 180/), wrongful death is defined as a death caused by the negligent or intentional acts of another person or entity. A key factor is whether the death was preventable if not for the actions of another party. If the deceased person had survived, they would have had a personal injury case.
How Can You Prove Wrongful Death in Champaign, IL?
To prove wrongful death in Illinois, an experienced wrongful death attorney must show four things:
Duty of care: the defendant had a responsibility to act safely.
Breach of duty: they failed to uphold that duty.
Causation: negligent actions or intentional actions directly caused the person’s death.
Damages: the death led to financial losses for the surviving family members.
What Does Not Qualify as a Wrongful Death?
Not all deaths are considered wrongful. Deaths from natural causes or unavoidable accidents don’t qualify. But if negligence contributed in any way, you may be able to seek compensation.
Who Can File a Wrongful Death Suit in Illinois?
After a victim’s death, wrongful death lawsuits can only be filed by the personal representative of the deceased person’s estate (per Illinois law). This is typically a close family member or friend (like a surviving spouse or surviving child of a deceased parent) who is named in the deceased’s will or appointed by the court.
Who Can Be Held Liable for a Wrongful Death in Champaign?
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
After a loved one’s death, families can recover damages for both economic and non-economic damages. You may be able to pursue compensation for these damages and other damages:
Medical expenses for the catastrophic injuries that resulted in death
Funeral expenses
Burial expenses
Lost income (future income, lost wages, and other financial support)
Mental suffering (pain and suffering prior to death or the mental anguish of survivors)
Loss of companionship
Common Types of Accidents That Cause Wrongful Death in Champaign, Illinois
While any type of fatal accident can potentially result in a wrongful death, some are more common than others. Wrongful death actions often arise from car accidents, truck accidents, or other motor vehicle accidents. They may also arise from medical malpractice, slip and fall accidents, workplace accidents, construction site accidents, and product defects.
How Long Does It Take to Settle an Illinois Wrongful Death Case?
Wrongful death cases can take months or years to resolve. The complexity of the case, available evidence, the willingness of at-fault parties to settle, and whether the lawsuit goes to court all affect the timeline.
Our experienced wrongful death lawyers work to gather necessary evidence to resolve cases quickly while getting you the financial compensation you and your family deserve.
How Long Do I Have to File an Illinois Wrongful Death Lawsuit?
In Illinois, the statute of limitations (735 ILCS 5/13-114) for filing a wrongful death lawsuit usually has a two-year time limit from the date the victim lost their life, but there are exceptions for specific circumstances. Potential plaintiffs should contact our law firm to protect their legal rights.
Contact Our Law Firm Today
If you’ve recently lost a loved one in Champaign County or Central Illinois, and they died due to intentional misconduct or the wrongful act of a negligent party, call to speak with us. Our experienced personal injury lawyers have decades of experience helping families in this difficult time, and we can help you navigate the legal process to recover compensation for the victim’s family.
Schedule Your Free Consultation
In these meetings, our Champaign wrongful death attorneys will review claims brought on behalf of the deceased victim and discuss your legal options. Call for a free initial consultation today; our experienced lawyers work on a contingency fee basis, so you owe no fees for our legal services unless we win your case.
Get help from a Champaign 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.
$500,000
$500,000 Policy limit settlement for a 48-year-old woman injured in a Cook County head-on collision after another driver made an unsafe left turn into traffic.
$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.
(312) 223-1700