Losing a loved one is never easy, but losing them due to the negligence or wrongful act of someone else only adds to the pain and suffering. If a family has lost a loved one in Des Plaines, Illinois, due to the wrongful actions or inaction of another party, 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 the legal process to seek justice and compensation for their loss.
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 that duty through negligence or harmful action.
- 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 intentional harm, 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?
In Illinois wrongful death cases, only certain people can file a wrongful death lawsuit. This right is given to the personal representative of the deceased’s estate, usually a close family member like a surviving spouse, parent, or adult child. They seek compensation—medical costs and lost wages, for example— by filing on behalf of all eligible family members affected by the loss.
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).
If you’re unsure about your rights, an experienced wrongful death attorney from our law firm can help.
Common Types of Accidents That Cause Wrongful Death in Des Plaines, IL
Wrongful death victims lose their lives due to negligence or intentional actions in:
- Car, truck, and motorcycle collisions
- Workplace accidents or unsafe working conditions
- Medical malpractice, such as surgical errors or misdiagnoses
- Slip and fall incidents caused by unsafe property conditions
- Defective or dangerous products
Who Can Be Held Accountable for a Wrongful Death?
When wrongful death occurs, anyone whose negligence or wrongful conduct caused the death could be held responsible in personal injury claims. This might include employers, 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 beneficiary 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 depends on factors like the amount of medical bills, funeral costs, and burial expenses incurred; the amount of lost wages and future earnings; and the emotional suffering of the victim’s surviving family members. While no compensation can replace your loved one, it can help ease financial burdens. Our law firm can help assess the worth of the legal claim and fight to recover the fair compensation you deserve.
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 case, 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 and emotional toll of this tragedy alone. An experienced attorney in our law office The Kryder Law Group, LLC Accident and Injury Lawyers, can advocate for you and your family. Call us now for a free consultation.
Get help navigating the legal system and making informed decisions from a Des Plaines wrongful death lawyer when you’ve lost a loved one because of someone else’s negligence.
(312) 223-1700