Losing a loved one is always heartbreaking, especially when it happens because of someone else’s negligence. If you’re grieving the loss of a loved one in Schaumburg, Illinois, a compassionate Schaumburg wrongful death lawyer from our trusted personal injury law firm is here to help.
We represent clients and guide families in seeking justice and pursuing the fair settlement they deserve.
Do I Need a Lawyer in Schaumburg to Prove a Wrongful Death?
What Is a Wrongful Death in Illinois?
A wrongful death is defined as a loss of life caused by another party’s negligence or intentional actions, such as in car accidents, unsafe work environments, trucking incidents, or medical malpractice. Under the Illinois Wrongful Death Act (740 ILCS 180/), the deceased’s family has the right to pursue a claim for damages.
Who Can File an Illinois Wrongful Death Lawsuit?
In Illinois, only certain people can file a wrongful death lawsuit. This right goes to the personal representative of the deceased’s estate—usually a close family member like a surviving spouse, parent, or adult child. They file the claim on behalf of all eligible family members. If you’re unsure about your rights, our experienced wrongful death attorneys can provide legal counsel.
How Do Illinois Wrongful Death Attorneys Prove Wrongful Death?
To win a wrongful death claim, a Schaumburg wrongful death attorney 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 the victim’s death.
- Damages: the fatal accident resulted in measurable losses for the family, such as medical expenses.
Common Types of Accidents That Cause Wrongful Death in Schaumburg, IL
Injury victims lose their lives due to:
- Car, truck, and motorcycle accidents
- 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 your loved one’s 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 to seek financial recovery.
What Is My Wrongful Death Case Worth?
The value of an Illinois wrongful death case depends on factors like the amount of medical and funeral expenses incurred, lost income, and the emotional suffering of the victim’s surviving family members. While no compensation can replace your loved one, it can help provide financial support; our law firm can help assess the worth of the legal claim and fight to recover monetary damages you deserve under Illinois law.
How Long Does It Take to Settle a Schaumburg Wrongful Death Case?
The legal process in 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 priority is getting you the financial compensation you deserve.
Call Us
You don’t have to face this tragedy alone. Our personal injury law firm is here to help you recover maximum compensation for funeral and burial expenses, medical bills, emotional pain, and more. Get help from one of our Schaumburg personal injury lawyers after losing a loved one due to someone else’s negligence.
Call us today for a free consultation to discuss how you can recover compensation.
(312) 223-1700