Losing a loved one is never easy but losing them due to someone else’s negligence can make the situation even more unbearable. If you have lost a family member in an accident in Oak Park, Illinois, our dedicated team of wrongful death attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers are here to help you.
Our experienced attorneys are committed to representing the families of victims who have lost their lives due to accidents caused by negligence in Oak Park and throughout Illinois. We understand that each case is unique, and therefore, we approach every case with utmost care and compassion.
If you have lost a loved one in an accident in Oak Park, do not hesitate to reach out to us. We offer free consultations to help you understand your legal rights and options. Our team is always ready to listen, provide guidance, and fight for your family’s best interests. Let us help you seek justice for your loved one and hold the responsible party accountable.
What Is a Wrongful Death?
A wrongful death is a legal term used to describe a situation where someone has died due to the negligence, wrongful act, or misconduct of another person, company, or entity. In such cases, the surviving family members can file a wrongful death claim to seek compensation for their losses and hold the responsible party accountable for their actions.
Some common examples of wrongful death include:
- Car accidents caused by drunk or reckless driving
- Medical malpractice resulting in death
- Workplace accidents due to unsafe conditions or negligence
- Defective products leading to fatal injuries
- Nursing home abuse or neglect resulting in death
If you have lost a loved one in any of these or other similar situations, it is important to seek legal guidance from an experienced wrongful death attorney. They can help you understand your legal options and guide you through the process of seeking justice for your loved one.
Common Types of Accidents that Cause Wrongful Death in Oak Park
The city of Oak Park, Illinois, is a bustling community that sees its fair share of accidents each year. Some common types of accidents that can result in wrongful death in Oak Park include:
- Car and motorcycle accidents
- Pedestrian and bicyclist accidents
- Slip and fall accidents
- Construction site accidents
- Medical malpractice
- Workplace accidents
If you have lost a loved one in any of these or other types of accidents, it is important to consult with an experienced Oak Park wrongful death lawyer to understand your legal rights and options. They can help you determine if you have a valid wrongful death claim and guide you through the legal process.
Who Can Be Held Accountable for a Wrongful Death?
Any person, company, or entity whose negligence or misconduct resulted in the death of another person can be held accountable for a wrongful death. This can include individuals, businesses, healthcare providers, government agencies, and more.
In order to hold someone accountable for a wrongful death, you must be able to prove that their actions (or lack thereof) directly caused your loved one’s death. You have to be able to prove that:
- The responsible party owed a duty of care to your loved one
- They breached that duty through their actions or inaction
- The breach of duty directly caused your loved one’s death
- You have suffered damages as a result of the loss of your loved one
Proving these elements can be complex, which is why it is important to work with an experienced wrongful death attorney who can help you build a strong case.
Types of Compensation for Wrongful Death Cases
If you have lost a loved one due to someone else’s negligence, you may be entitled to compensation through a wrongful death claim. Some common types of compensation awarded in Oak Park wrongful death cases include:
- Funeral and burial expenses
- Medical expenses related to the accident or injury
- Loss of future income and financial support
- Pain and suffering experienced by the deceased before their death
- Loss of companionship, guidance, and support
- Punitive damages in cases of extreme negligence or misconduct
An experienced wrongful death attorney from our law firm can help you understand the types of compensation you may be eligible for based on your specific case. They can also work with experts to determine the full extent of your losses and fight for fair compensation on behalf of your family.
Illinois Wrongful Death Act
The initial claim in a wrongful death case is known as wrongful death and is submitted under the Wrongful Death Act (740 ILCS 180/0.01, et al.). The purpose of the Wrongful Death Act is to seek compensation for:
- Mental suffering
Illinois Survival Act
In a wrongful death lawsuit, the second count aims to obtain compensation for survivorship through the application of the Survival Act (755 ILCS 5/27-6). The Survival Act grants the opportunity to seek damages for:
- Pain and suffering
- Loss of a normal life
- Lost wages
- Medical bills
- Funeral expenses
- Property damage
Statute of Limitations for Wrongful Death Cases in Illinois
In the state of Illinois, a wrongful death lawsuit must be filed within two years from the date of death. This is known as the statute of limitations and once it expires, you may lose your right to seek compensation for your losses. It is important to consult with an experienced attorney as soon as possible to ensure your legal rights are protected and you have enough time to build a strong case.
Who Can File a Wrongful Death Lawsuit?
In Illinois, wrongful death claims can be filed by the personal representative of the deceased person’s estate. This person is typically named in the deceased person’s will or appointed by the court if there is no will. The personal representative can seek compensation on behalf of family members such as the surviving spouse, children, and next of kin.
In cases where the deceased individual has not left a will or if their will is deemed invalid, the court will designate an administrator, usually nominated by a concerned party, to manage the affairs.
What Is My Case Worth?
The value of a wrongful death claim can vary greatly depending on the specific circumstances and losses involved. It is important to work with an experienced attorney who can help you determine the full extent of your losses and fight for fair compensation on behalf of your family.
Some factors that may affect the value of a wrongful death case include:
- The age, health, and life expectancy of the deceased individual
- The cause and extent of their injuries leading to death
- The degree of fault of the responsible party
- The financial losses suffered by the surviving family members, including loss of future income and support, medical expenses, funeral costs, etc.
Our experienced wrongful death lawyers can work with experts to calculate the full value of your losses and fight for fair wrongful death damages on your behalf.
Contact an Oak Park Wrongful Death Lawyer Today
Losing a loved one in an accident is a devastating experience, and the wrongful death claim process can be overwhelming. That’s why it is important to have an experienced wrongful death lawyer on your side who can provide guidance and fight for justice on your behalf.
If you have lost a loved one due to someone else’s negligence in Oak Park or anywhere in Illinois, contact The Kryder Law Group, LLC Accident and Injury Lawyers today for a free consultation. Our compassionate team is dedicated to helping families seek justice and get the closure they need during this difficult time. Don’t wait – contact our law offices now and let our personal injury attorneys help you get the financial compensation your family deserves.