If you have lost a loved one in an accident, an Elgin wrongful death lawyer can help you. The personal injury attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers represent the families of those who have died due to someone else’s negligence in wrongful death cases.
What Is a Wrongful Death in Elgin?
A wrongful death is defined under the Illinois Wrongful Death Act (740 ILCS 180/). This law permits surviving family members or representatives to sue those responsible for a loved one’s death due to negligence or intentional actions. It aims to compensate for financial losses, companionship, and guidance, alleviating financial burdens and holding the responsible parties accountable for their wrongful death actions.
What Does Not Qualify as a Wrongful Death?
Not every death qualifies as a wrongful death matter. For example, deaths resulting from natural causes or those considered inevitable by legal standards do not meet the act’s criteria for a wrongful death claim in Illinois.
How Do Wrongful Death Attorneys Prove Wrongful Death?
Proving wrongful death claims in Illinois requires establishing the following elements:
- The first step in wrongful death case is to show that the defendant owed a duty of care to the deceased. This means they had a legal responsibility to act reasonably and not cause harm.
- Next, you need to prove that the defendant failed to meet their duty of care through negligence or intentional actions.
- You must show that this breach of duty directly led to or significantly contributed to the death of the person injured by the negligent party.
- Finally, you must demonstrate that the death of your family member caused measurable losses, like financial support, companionship, or guidance.
Common Types of Accidents that Cause Wrongful Death in Elgin, IL
Wrongful deaths can occur from a wide range of fatal accidents:
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Medical malpractice
- Workplace accidents
- Premises liability incidents
Who Can Be Held Liable for a Wrongful Death in Elgin?
How Can a Personal Injury Lawyer Help Me?
Losing a loved one due to someone else’s negligence is devastating and overwhelming. A wrongful death lawyer can help you by:
- Investigating the circumstances of the death to gather evidence
- Identifying all potentially liable parties
- Calculating the full extent of your losses
- Negotiating with insurance companies for fair compensation
- Representing you in court if necessary
Who Can File a Wrongful Death Lawsuit?
Only specific individuals or entities are eligible to file a wrongful death lawsuit in Illinois. These parties include:
- The surviving spouse
- Children, including adopted and stepchildren
- Parents
- Siblings
How Long Do I Have to File a Wrongful Death Suit?
According to Illinois law, (735 ILCS 5/13-114) a wrongful death lawsuit must be filed within two years from the date of the deceased party injured person’s death.
Failing to meet the timeframe can result in losing the right to recover compensation including funeral expenses.
Contact a Chicago Wrongful Death Lawyer Today
Losing a loved one due to someone else’s negligence is a traumatic experience, but our team at The Kryder Law Group, LLC Accident and Injury Lawyers is here to support you. Our skilled wrongful death lawyers in Elgin have extensive experience handling these complex cases and can provide you with the legal guidance and representation you need.
Call Us for a Free Consultation
We offer a grieving family a no-obligation meeting with a wrongful death attorney who will review your case, lay out your legal options, and answer your questions.
(312) 223-1700