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 that impact your future well-being. A Des Plaines wrongful death lawyer from our personal injury law firm can help you seek compensation. Call us for a free consultation.
In this Article
How Can a Lawyer Help With a Wrongful Death in Des Plaines?
What Is a Wrongful Death in Des Plaines?
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 Des Plaines, 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 death led to financial losses (like medical bills) for the surviving family members.
Common Types of Accidents That Cause Wrongful Death in Des Plaines
A fatal accident caused by another’s negligence or recklessness may be grounds for a wrongful death claim. Common examples include car, truck, or motorcycle crashes caused by negligent drivers, as well as cases of medical malpractice (missed diagnosis, medication errors, and more). Other instances can involve slip and fall accidents due to unsafe premises, workplace accidents, and incidents involving defective products (including children’s 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 to secure justice.
What Financial Compensation Can Be Recovered in a Wrongful Death Lawsuit?
In the event of a loved one’s death due to another’s wrongful acts, families may be entitled to recover damages. Our Des Plaines wrongful death attorneys offer legal help to secure fair compensation for both economic damages and non-economic losses to protect your family’s future. This can include the physical pain suffered before the individual’s death, medical expenses for medical treatment, funeral costs and burial expenses, lost wages and future earnings, emotional distress, and loss of companionship. In some rare cases, punitive damages may also be awarded.
How Long Does It Take to Settle an Illinois Wrongful Death Case?
Wrongful death actions due to someone else’s negligent behavior can take months or years to resolve. The timeline depends on the complexity of the case, the evidence available, and whether the responsible party is willing to settle.
Our wrongful death lawyers handle all legal aspects of the case. We gather evidence (like medical records and expert witness testimony), 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?
Per Illinois’s statute of limitations (735 ILCS 5/13-114), the filing period 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 Des Plaines personal injury attorneys have a proven track record with personal injury lawsuits. Our legal team can work to prove negligence, gather key evidence, and obtain compensation for you.
Schedule Your Free Initial Consultation
Has a negligent party contributed to a family member’s fatal injuries in the Des Plaines area in Cook County? In cases of wrongful death, we can fight for your family’s rights. In your free case evaluation, an experienced attorney will review your case, explain the legal system, discuss your legal options, and help you make informed decisions to get the full extent of your compensation.
(312) 223-1700