Losing a loved one is devastating—more so when the victim’s death was caused by someone else’s negligence. If a family has lost a loved one in Des Plaines, Illinois, a Des Plaines wrongful death lawyer from our trusted personal injury law firm can provide legal representation to surviving family members, helping them understand the legal process to seek justice and compensation for their loss.
Do I Need a Lawyer After a Wrongful Death Accident in Des Plaines?
How Does a Personal Injury Lawyer Prove Wrongful Death?
To win a wrongful death claim, an experienced wrongful death lawyer needs to prove four key points:
- Duty of care: the responsible party had a duty to act safely.
- Breach of duty: they failed to meet the obligation through negligence or harmful actions.
- Causation: their actions directly caused your loved one’s death.
- Damages: the death resulted in measurable losses for the family, such as medical expenses.
What Is a Wrongful Death in Illinois?
A wrongful death occurs when injury victims die due to another’s negligence or wrongful act, such as in car accidents, unsafe workplaces, trucking accidents, or medical errors. Under the Illinois Wrongful Death Act (740 ILCS 180/), the deceased’s family can file a claim for damages.
Who Can File an Illinois Wrongful Death Lawsuit?
By Illinois law, only certain family members can file a wrongful death lawsuit. The personal representative of the deceased’s estate is usually a close family member like a surviving spouse, parent, or adult child. They seek compensation—for example, funeral expenses, medical costs, lost wages, future lost earnings, and mental suffering—by filing on behalf of all eligible family members affected by the loss.
If you’re unsure about your rights, an experienced wrongful death attorney from our law firm can help, starting with a thorough investigation.
How Long Does the Family Have to File a Legal Action?
The legal term for filing personal injury cases in Illinois is two years from the date of the individual’s death (735 ILCS 5/13-202).
Common Types of Accidents That Cause Wrongful Death in Des Plaines, IL
Wrongful death victims lose their lives due to negligence or intentional acts in:
- Car, truck, and motorcycle collisions
- Workplace accidents or unsafe working conditions
- Medical malpractice incidents, such as surgical errors or misdiagnoses
- Slip and fall incidents caused by unsafe property conditions
- Incidents involving defective or dangerous products
- Nursing home abuse incidents
Who Can Be Held Accountable for a Wrongful Death?
Losing a loved one is even more painful when someone else is at fault, which is why it’s so important to hold the responsible party accountable. This might include employers, negligent drivers, property owners, doctors, or manufacturers of faulty products.
Who Cannot Be Held Liable for a Wrongful Death in Illinois?
Not all deaths warrant a wrongful death action. For example, illnesses caused by natural factors or unavoidable accidents where no one is at fault usually don’t qualify as personal injury cases. However, if negligence contributed in any way, the beneficiaries of the deceased person may be eligible to file a wrongful death suit.
What Is My Wrongful Death Case Worth?
The value of a wrongful death case is determined by factors such as medical bills, funeral costs, lost income, and the emotional suffering of surviving family members. While no amount of money can replace your loved one, fair compensation can provide financial support.
How Long Does It Take to Settle a Wrongful Death Case?
Wrongful death cases can take months or years, depending on the complexity of the medical records, available evidence, willingness of at-fault parties to settle, and whether the civil lawsuit goes to court. While we aim to resolve cases quickly, our proven track record shows our priority is getting you the financial compensation you deserve.
Call Us
You don’t have to face the financial hardship and emotional distress of this tragedy alone. When you’ve lost a loved one in an accident caused by someone else’s negligence, our legal team can help you navigate the legal system to recover money.
Call for a Free Case Evaluation
We offer a free consultation, and we work on a contingency fee basis.
(312) 223-1700