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.
In this Article
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.
Get help from a Des Plaines wrongful death lawyer when you've lost a loved one because of someone else's negligence.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Latisha S.
Great service. They helped me get my money, and everyone was very pleasant even though the health insurance took a while. Everything was on point on Kryder’s side.
(312) 223-1700