Chicago Wrongful Death Lawyers

The death of a family member is traumatic and stressful. If your loved one’s death was due to the negligent conduct of another, anger often occurs. A need for justice may be present. The living have to go on with their lives, trying to do what needs to be done daily and make sense of everything that led to that moment. As the stages of grief progress, going from anger, sadness, bargaining, denial, and acceptance, there is still the matter of someone missing from your life. A Chicago wrongful death attorney cannot undo the tragedy, but they can work towards obtaining compensation for your case.

Speak with Blumenshine Law Group

If you lost a loved one due to negligence, contact Blumenshine Law Group at (312) 766-1000 for a free consultation. Our experienced Chicago attorneys can help grieving families pursue wrongful death and survival claims to obtain compensation and accountability through litigation or negotiations.

What is a Wrongful Death?

Wrongful death is a legal process to pursue claims. Accidents are among the leading causes of fatal injuries worldwide. A wrongful death case aims to hold someone accountable for the loss of a family member. It occurs when death results from negligence or intentional actions. Sometimes, a wrongful death lawsuit is filed if criminal charges do not lead to a conviction of the responsible party. 

Here are some common fatal personal injuries that can be attributed to wrongful death. 

To learn more, schedule a free consultation with a Chicago wrongful death attorney by calling (312) 766-1000.

If your family member survived for a period of time between the injury and death, damages may also be awarded for conscious pain and suffering when an intentional or willful act caused the death. Wrongful death claims may also be pursued.

Common Causes of Wrongful Death in Chicago

Here are some common causes of wrongful death, along with examples of each. This list is by no means exhaustive. Contact an attorney if any of these resonate with you and your situation. A Chicago wrongful death lawyer can help determine which causes may apply in your case.

• Negligence and reckless behavior: Such as erratic driving, improper use of flammable materials or chemicals, unsafe handling of firearms, or other dangerous activities, are all serious concerns that can lead to tragic outcomes. 
• Premises accidents: Accidental death from jumping on trampolines, swimming pool accidents such as drowning, spinal/brain injuries, or animal attacks could be a basis for a wrongful death lawsuit.
• Dangerous products: Companies that develop products have a responsibility to ensure their offerings are safe and reliable for consumers. If this trust is breached and it results in a death, the company must offer compensation for its defective products.
• Vehicle accidents: Car, bus, boat, airplane, and other vehicle accidents causing death may qualify as wrongful death suits under appropriate circumstances. This includes incidents involving intoxicated drivers, distracted driving, illegal vehicle operation, and various other scenarios leading to fatalities.
• Recalled products: From motor vehicles to baby furniture, some products can be hazardous, and ordinary use can yield tragic results. Too many times, these deaths could have been prevented with adequate testing and quality control, but someone lost their life as a result of a company trying to save money on production.
• Accidental deaths in the workplace are a serious concern. It’s important for every employer, whether in an office or at a construction site, to prioritize safety by offering proper training, safety gear, and well-marked escape routes. Sadly, many tragic accidents happen when companies try to save money on these crucial safety measures. No amount of savings is worth risking someone’s life, and it’s vital that businesses are held accountable for maintaining a safe environment.
• Prescription drug deaths: It’s important to remember that before hitting the market, these medications undergo thorough testing for harmful effects and reactions. Ensuring quality control and ingredient purity is vital for safety. Sadly, many drugs fail these tests, sometimes causing harm, despite companies’ awareness of risks, which they still promote, raising serious concerns.
• Nursing home abuse and neglect: Our disabled and older loved ones often need full-time care in supposedly safe facilities, providing medical care and peaceful living. When nursing home abuse results in death, those responsible frequently hire dangerous individuals to save money, overlook background checks for cheap staff, or cut resources for profit, jeopardizing a loved one’s health and safety.

Medical Negligence

Wrongful death cases linked to medical negligence sadly take too many lives each year. Whether it’s an elderly person or someone in the prime of their life, we all rely on doctors to keep us safe and healthy. Sadly, sometimes things don’t go as planned, and a loved one’s life is unexpectedly cut short by someone they trusted deeply. Here are some common causes of wrongful death caused by medical negligence.

• Inaccurate diagnosis: With all the information gathered from tests and professional diagnoses, negligence can arise when doctors hastily make assessments and overlook the information they have. Misdiagnosis can be deadly, especially if obvious symptoms are ignored or the patient is disregarded.
• Delay in treatment: Waiting and seeing is hardly a clinical approach and, more often than not, reflects negligence on the part of the physician. When steps to deal with an urgent situation are put off to the point of no longer being effective, people die.  Doctors whose negligence has resulted in the death of their patients need to be held liable.
• Medical Malpractice: Errors during surgery are unfortunately common. Instruments are sometimes left inside patients during procedures, unethical methods are used during operations, and criminal conduct, such as operating under the influence of drugs or alcohol, pushes negligence well into the realm of malpractice.
• Device malfunction: Medical equipment must be regularly serviced, maintained, and adequately sterilized to ensure patient safety. When devices break down or malfunction and cause significant injuries, resulting in death, the family of the deceased must put the pieces of their lives back together again.
• Wrong medicine prescribed: Establishing an effective medical practice requires extensive training and education. Every doctor should be aware of how medicines interact with their patients and the illnesses they should treat. Improper medication administration, ignoring allergies and drug interactions, and prescribing the wrong medicine for treatment can be severe and often deadly.

Determining Damages Resulting from Wrongful Death

Several factors determine the settlement amount in a wrongful death lawsuit. Many cases are settled out of court through vigorous litigation negotiation with hospitals, doctors, and insurance companies. Unfortunately, insurance companies are far from generous when distributing compensation for personal injuries resulting in wrongful death claims.

The process may be long and stressful, and insurers are usually only concerned with protecting their bottom line and offering lowball settlements. They often allege that the death was the fault of the person who has died.

The more information a Chicago wrongful death legal firm has about the case, the more leverage they will have when negotiating and arguing the case before a jury in court.

• Hospital bills and treatment: From initial first responder care to surgery and hospitalization, medical bills can be costly. The estate of the deceased is responsible for the payment.
• Loss of income/future income: A family’s financial support often depends on one or two sources of income, and for the bereaved, they have not only lost a loved one but also financial stability. The loss of income and potential future income are demands that must be met to ensure the security of the survivors.
• Pain and Suffering: Watching a loved one go through the physical and emotional trauma of the dying process is an awful experience. Their suffering needs to be met with compensation from those responsible.
• ˝Emotional support: Companionship, mentorship, and the fundamental emotional connection that the person who has died will be forever lost. No award can ever fill that void for those who remain, but it can help them try to recoup what has been lost in other ways.
• Life expectancy: This is especially important for young, healthy individuals who have their whole lives ahead of them. Wrongful death takes away so much — their potential, their quality of life, and the years they could have spent sharing in life’s joys and responsibilities. It’s a loss that comes too soon, cutting short what should have been a bright future.
• Punitive damages: A Chicago wrongful death attorney can review the case information and determine whether punitive damages are a possibility. These penalties against the perpetrator of the wrongful act are a way to enforce the law by hitting an organization, corporation, or private citizen where it hurts most: in the bank account.

Contact a Chicago Wrongful Death Attorney

If you have lost a loved one due to what you believe is a wrongful death, contacting an attorney should be a priority. A skilled attorney can study your case, evaluate its merits, and determine the next steps. These times are often stressful as the survivors continue to grieve and process the death of their loved ones.

Dealing with insurance companies can be highly frustrating and re-traumatizing, especially if dirty tactics such as blaming the victim are used. An attorney can help you navigate the process, offer options, and clarify what is happening to get you the closure and compensation you deserve. For grieving families in West Loop and the 60661 zip code, our Chicago wrongful death lawyers are ready to provide compassionate guidance and effective legal action.

The statute of limitations is ticking away, and the months may feel like they fly by as you come to terms with your loss. A caring attorney understands how important it is to meet deadlines, file the right paperwork, and confidently work with insurers and private individuals to seek the fair compensation you deserve—whether through negotiation or in court if needed.

Contact the experienced attorneys at the Blumenshine Law Group today for a free consultation. Call or text our law firm at (312) 766-1000, or email [email protected].

Frequently Asked Questions

Who Can Sue for Wrongful Death in Illinois?

According to the Wrongful Death Act, Illinois statutes allow next of kin, such as children or the deceased’s spouse, to sue for wrongful death. In the absence of children or a spouse, next of kin who are eligible to file a death suit may be surviving siblings or parents of the deceased. The court appoints the next of kin as the person responsible for filing suit on behalf of the deceased’s estate.

How Can I Pay for an Attorney?

The dedicated attorneys at Blumenshine Law Group in Chicago work on a contingency basis, meaning they typically cover litigation costs upfront, so you don’t have to worry about those expenses early on. Meeting with an attorney is a valuable step, as it provides important information for anyone filing a claim on behalf of the estate. When the case is successful, a percentage of the award or settlement is used to cover attorney’s fees and expenses, helping to make the process smoother and more supportive for you.

How Long Do I Have to File a Death Claim in Illinois?

In Illinois, you generally have 2 years from the date of your loved one’s passing to file a claim. If you miss this window, you might lose the chance to pursue compensation and justice. It’s important to act within this timeframe to protect your rights.

It’s crucial to note that every case is unique and has its own circumstances. Therefore, it’s best to consult an experienced attorney who can provide personalized guidance on the proceedings and ensure that all necessary paperwork is filed before the deadline.

What Are the Common Causes of Wrongful Death Accidents in Chicago and Illinois?

In 2019, Illinois reported 2,199 deaths from unintentional injuries. Breakdowns include 23.9% from falls, 19.2% due to poisoning, and 5.6% from motor vehicle crashes, as the National Safety Council noted. Not all of these deaths qualify as wrongful deaths, which result from negligent or intentional acts of others. The state reports approximately 1,900 cases annually, originating from various causes, including medical malpractice, workplace incidents, or violent crimes. Seeking legal help in these cases can provide closure and justice for the bereaved.

Reviewed and edited byScott A. Blumenshine, Managing Partner. Scott brings over 35 years of legal experience to families facing wrongful death claims. As a seasoned trial attorney and arbitrator, he has recovered millions for his clients, dedicated to securing maximum compensation and accountability through aggressive, compassionate representation.