Losing a loved one is always a tragic event. But it is especially tragic when the loss could have been prevented. Under Illinois law, the family of a wrongful death victim may be entitled to recover compensation from the person, doctor, hospital, or company responsible for the victim’s death.
An experienced Chicago wrongful death lawyer can help you understand how to move forward with a wrongful death claim and handle your entire case for you in your time of need.
In this Article
How Do You Know if You Have a Wrongful Death Case?
Wrongful death refers to a situation where someone’s fatal injury was caused by another person—either intentionally or unintentionally. You may have a wrongful death case if you can prove that someone’s negligence or act of violence led to your loved one’s passing.
If you are a surviving spouse or family member seeking representation from our Chicago lawyers at The Kryder Law Group, LLC, we will work hard to prove the following examples of negligence which may have become the wrongful death act and, thus, how the wrongful death occurred:
Duty of Care
This means that someone owed your loved one a duty to act reasonably, responsibly, and safely. So, for example, if they were in a vehicle, this means the other party should have obeyed the rules of the road. If the other party was a subcontractor managing a construction site, this means they should have offered safe equipment and other safety measures.
What Does Duty of Care Mean?
Breach of Duty of Care
The negligent party took some action (or inaction) that neglected their duty of care. On the road, this could mean speeding, drunk driving, or improper maneuvers. In an accident at a worksite, this could mean that work equipment was improperly maintained or manufactured.
Causation
We will have to prove that the other party’s negligence directly caused your loved one’s accident and injuries. If during your wrongful death lawsuit the other party claims that your loved one was responsible for their own personal injury or there was some other cause, we will work to counter those claims with evidence.
Losses
Evidence will also be needed to show that your loved one’s passing has caused you financial and/or non-financial losses. This is an important part of wrongful death claims as this will help determine what will be fair financial compensation for you.
There are a lot of moving parts involved in wrongful death lawsuits. All of this can be challenging to handle if you are grieving a loss. Let us handle your case so you don’t have to interact with the evidence of your loved one’s wrongful death claim and navigate any potential disputes to your wrongful death suit. An experienced Chicago wrongful death attorney from our law firm can take care of all these legal details for you.
What Are the Steps Involved in a Wrongful Death Case?
Our legal team will typically begin your case as an insurance claim. Then, we could proceed with a wrongful death lawsuit if necessary. This process typically involves the following:
Gathering evidence of your losses and liability. We will build compelling evidence to show who was liable for your loved one’s passing—and that they owe you full, fair compensation that reflects the extent of your losses.
Calculating the value of your case. The losses involved in a wrongful death claim can be substantial. We will thoroughly assess how the death of your loved one has affected your finances and your life. We can then make our demand to an insurance company.
Negotiating with an insurance company. Going back and forth with the liable party’s representatives could produce appropriate compensation—or we may need to file a wrongful death suit to seek the damages you deserve.
Taking your case to court, if needed. We won’t hesitate to prepare your case for court trial if an insurer can’t agree to a settlement offer. We will represent your best interests and prepare you for this stage of the process.
Pursuing an insurance claim may be a faster route, and you may not wish to proceed with a court case under the circumstances of a loved one’s death. We can advise you on how to move forward based on your own preferences and best interests.
Even though we will be handling the negotiations for you, it is your right to determine when in the process you would like to accept a settlement offer. We listen carefully to all of our personal injury clients and make sure that your wishes are carried out.
What Forms of Compensation Can You Recover?
If you are a close surviving spouse or family member, you could seek compensation for both the clear financial losses you are now facing and the more intangible losses that reflect your grief.
In wrongful death cases, our Chicago lawyers could pursue recovery for damages such as:
Medical care needed by your loved one
Funeral and burial costs
Mental anguish
Loss of companionship
When you work with an attorney from our law firm, we can tell you more about what damages you qualify to seek compensation for. Calculating the value of a wrongful death claim can be especially complicated, but we have the experience to identify what fair compensation looks like in these cases.
What Can The Kryder Law Group, LLC Do for You?
The Kryder Law Group can handle every aspect of your wrongful death case. From proving negligence to negotiations, we will take care of your case while you deal with other more important matters.
Our team is proud to offer the following services in addition to those described above:
Free case review: This free call can help you understand your legal options and how we will go about representing your case.
A face-to-face meeting with an attorney within 48 hours: After you inquire about a meeting with one of our lawyers, you can expect to speak to someone shortly.
Regular updates and communication. We take pride in our responsiveness to our clients and will keep you updated through every step of your case.
Representation with no upfront fees. Because we work based on contingency fees, you do not owe us anything unless and until we win your case. You don’t have to worry about how you will afford legal help when you work with our team.
There is no financial risk to get started. Take advantage of your free case review and learn how our wrongful death lawyers in Chicago can help you today.
Past Results for Our Clients
We also want our potential clients to know that they are choosing a team that has a track record of successful results. In one situation, we won $3 million on behalf of family members facing the loss of a loved one hit by a garbage truck. In another case, we won $7.5 million in a construction site injury case, which was at the time the highest award for an accident of this type in DuPage County.
We will work hard to seek every available dollar in wrongful death claims.
The Statute of Limitations Restricts the Amount of Time You Have to File a Wrongful Death Lawsuit
We know that it can be challenging to move forward with any injury case, let alone a situation where you are grieving a loss. However, keep in mind that your legal options are not available indefinitely.
In Illinois, the statute of limitations for filing a wrongful death lawsuit is typically two years, although there are some exceptions, per the Illinois Wrongful Death Act 740 ILCS 180/2. Thus, it is important to take action if you feel you’ve lost a loved one wrongfully.
We recommend that getting started as soon as you can, as this can help a legal team build the strongest case possible for wrongful death victims.
Our Chicago Wrongful Death Lawyers Are Here for You in Your Time of Loss
During this difficult time, our experienced and compassionate Chicago wrongful death lawyers will guide you through your options with patience and competence.
What will I get in my free consultation?
Call us for your totally free consultation and The Kryder Law Group will provide a no obligation evaluation of your wrongful death claim. Our team of personal injury lawyers are ready to answer all your questions about Illinois wrongful death cases. We are here to listen to you during this difficult time and will help you seek justice for your loved one’s death.
Here is what we will cover in the call:
We discuss the strengths and weaknesses of your case.
We identify the compensation you and other surviving family members may be eligible for.
We evaluate the existence of available insurance coverage.
We will give you an estimate of how long the case will take to complete.
We will listen to you and answer your questions about wrongful deaths.
There is no obligation. There is no cost. There is no reason not to call to find out what monetary damages you may be eligible for when wrongful death occurs.
A Chicago Wrongful Death Attorney is Ready to Help
We want to help you have the time and space to grieve the loss you’ve just experienced. We will take the legal burden off your hands as much as possible and fight for the compensation you and your family deserve.
Get in touch with a Chicago wrongful death lawyer today for your free consultation so we can determine if you have a claim to pursue and how much compensation you could be entitled to.
A woman mourns her deceased husband in a hospital bed. If you’ve lost a loved one due to third-party negligence, a wrongful death attorney in Chicago can help you collect compensation.
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