The Kryder Law Group, LLC Accident and Injury Lawyers are ready to stand by your side with legal representation if your loved one suffered a wrongful death due to another’s negligence in Morton Grove, Illinois. Losing a loved one is an experience that no one should endure, and when it is a serious wrongful death case, the aftermath can be difficult to navigate alone.
Our team of compassionate attorneys understands the anguish you are going through. We are committed to helping you seek justice and compensation that can alleviate some of the financial burdens associated with your loved one’s death.
In this Article
What Is a Wrongful Death in Illinois?
In Illinois, wrongful death is defined by the Illinois Wrongful Death Act (740 ILCS 180/), which stipulates that if death is caused by wrongful act or negligence, and had the victim survived, they could have pursued a personal injury claim, the responsible person or entity can be legally held accountable.
Chicago wrongful death laws enable the bereaved family to seek both economic and non-economic damages, enabling them to recover financial compensation for their loss during this emotionally challenging time.
What Does Not Qualify as a Wrongful Death?
Not all deaths caused by negligence qualify to file a wrongful death claim in Chicago, IL or across the state.
If the victim’s actions significantly contributed to their demise, it may not constitute a wrongful death. Furthermore, natural death due to aging or sickness, deaths caused by unforeseeable accidents, or self-inflicted deaths are generally not considered to be a valid wrongful death case.
How Must a Personal Injury Lawyer Prove Wrongful Death?
To prove wrongful deaths, a personal injury lawyer must demonstrate three key factors:
a duty of care existed between the defendant and the deceased,
the duty of care was breached, causing the accident, and
the accident directly resulted in the death of the victim.
Proving these elements requires meticulous investigation and a law firm with solid understanding of Illinois law, which our experienced Chicago wrongful death lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers can provide.
Common Types of Accidents that Cause Wrongful Death in Morton Grove
In Morton Grove, fatal injuries often result from numerous types of accidents:
Motor Vehicle Accidents: These can include, truck, motorcycle, pedestrian or car accidents.
Medical Malpractice: Misdiagnosis or surgical errors can lead to a victim’s death.
Workplace Accidents: Industrial or construction site accidents are common.
Product Liability: Defective products can cause unexpected fatalities.
Slip and Fall: Serious injuries from falls can be fatal.
Nursing Home Abuse: Neglect or mistreatment can lead to death.
Public Transportation Accidents: Involving buses, trains, or airplanes.
Swimming Pool Accidents: Drowning or other pool-related incidents can occur.
Who Can Be Held Accountable in Illinois Wrongful Death Cases?
In Morton Grove and across Illinois, a negligent party can be held accountable for a may file wrongful death claims, depending on the circumstances.
These may include negligent individuals, employers responsible for safe working conditions, manufacturers of faulty products, medical practitioners who committed errors, or entities responsible for maintaining safe public areas.
Insurance companies often take a central role in a wrongful death lawsuit in Chicago, providing financial compensation to those affected while representing the interests of their policyholders. A Chicago wrongful death attorney can level the playing field by advocating for the interests of the heirs of wrongful death victims.
The Kryder Law Group, LLC Accident and Injury Lawyers can help identify the liable parties and confront them legally on behalf of surviving family members.
Who Cannot Be Held Liable for a Wrongful Death in Illinois?
Certain parties are generally shielded from wrongful death liability in Illinois. These include family members of the deceased, such as spouses or children, unless they directly contributed to the death through intentional harm or gross negligence.
Similarly, governmental agencies are typically immune from wrongful death lawsuits under the doctrine of sovereign immunity.
Types of Compensation for Wrongful Death Cases in Morton Grove
Compensation for wrongful death cases can include both economic and non-economic damages.
Medical Expenses: Cost of healthcare services incurred before death.
Funeral Expenses: Cost associated with the deceased’s burial ceremony.
Loss of Income: Lost earnings that the deceased would have made.
Loss of Benefits: Lost pensions, healthcare, etc., the deceased would have provided.
Pain and Suffering: Emotional distress experienced due to the loss.
Loss of Consortium: Lost companionship, love, and guidance of the deceased.
Loss of Enjoyment: Lost pleasure from the deceased’s companionship and activities.
Punitive Damages: Additional compensation to punish the defendant’s negligence.
Who Can File a Wrongful Death Lawsuit?
In Illinois, the right to file a wrongful death lawsuit is well-defined. Filing a wrongful death action typically falls to the immediate family members of the deceased. Predominantly, this includes a surviving spouse, children, or parents if the deceased was a minor.
However, if no immediate family members exist, other relatives may be able to file a lawsuit. The appointed personal representative of the deceased’s estate can also file a wrongful death lawsuit.
Who Cannot File a Wrongful Death Claim?
Generally, according to the Wrongful Death Act, distant relatives, unmarried partners, or friends cannot file a wrongful death claim in Illinois, given their lack of legal standing.
What is the Statute of Limitations for Wrongful Death Claims in Illinois?
In Illinois, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. However, this timeframe can vary depending on the specifics of the case, such as when the death was discovered to be wrongful.
When wrongful death occurs, it’s crucial to begin legal proceedings promptly to avoid forfeiting your right to compensation. Consulting with a qualified Chicago wrongful death lawyer at The Kryder Law Group, LLC Accident and Injury Lawyers can help ensure you meet all necessary deadlines to recover compensation
What Is My Wrongful Death Case Worth?
A Chicago wrongful death attorney determines the value of a claim based on several factors.
Economic damages, such as lost earning potential, medical expenses incurred before death, and funeral costs, are assessed. For example, if the deceased person was a high earner with many working years left, the lost income claim could be significant.
Non-economic damages, like pain and suffering or loss of companionship, are more subjective but equally vital. These might consider how the loss has emotionally impacted the family.
In certain cases, punitive damages are also included to penalize particularly egregious negligence or misconduct, like a drunk driver who caused a fatal accident.
Contact a Morton Grove Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence, contact The Kryder Law Group, LLC Accident and Injury Lawyers today.
During your free consultation, our experienced wrongful death attorneys will carefully assess your case, discuss potential legal strategies, and answer any questions you have.
We work on a contingency basis, which means you won’t pay for our services unless we secure compensation for your family. Don’t navigate this challenging time alone; let our dedicated team fight for justice on your behalf.