If you have lost a loved one due to the negligent or intentional actions of another party in the Chicago area, you may be considering hiring a wrongful death lawyer to help you seek justice and compensation. Wrongful death lawsuits can be complex and emotionally charged, and working with an experienced attorney can help you navigate the legal process and achieve the best possible outcome for your case. Chicago wrongful death lawyers have the knowledge and expertise to handle these types of cases and can help you understand your legal options and rights. Whether you are seeking compensation for medical bills, lost income, or other damages, our lawyers can help you hold the responsible party accountable and seek the justice you deserve.
Compensation for the loss of a family member
When you have lost a loved one due to the negligence of another person or intentional act, our wrongful death attorneys help you recover damages for your unnecessary tragedy. Types of damages available in cases include medical expenses, funeral expenses and other losses such as—
- Financial support
- Future inheritance
- Spousal loss
- Parental guidance
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 the death was caused by an intentional or willful act, wrongful death claims may also be pursued.
Who Can Sue for Wrongful Death in Illinois?
Losing the one you love can be absolutely devastating. Illinois’ “Wrongful Death Act” designates who can and who cannot sue for a loved one that was killed. Next-of-kin are eligible to sue for the wrongful death of a loved one, which includes a surviving spouse or children. If there are none, then any siblings or parents of the deceased are considered. The court appoints the next-of-kin as a personal representative in charge of bringing the death claim on the behalf of the estate.
Medical negligence resulting in death
Many wrongful death cases arise from fatalities due to medical malpractice. Some of the most common medical mistakes leading to lawsuits include—
- Inaccurate diagnosis given
- Treatment not performed in time
- Medical Device Malfunction
- Improper medication prescribed
- Surgical error made
Our lawyers study the medical records carefully and consult with nationally respected medical experts to determine if you have grounds for a claim.
Fatal personal injuries
Any personal injury resulting in death has the potential to lead to a wrongful death lawsuit if negligence or intent can be shown. Lawsuits may be filed when fatalities occur after—
- Auto accidents
- Transportation accidents
- Nursing home abuse
- Work injuries
- Premises injuries
- Birth injuries
- Injuries to children
- Brain or spinal injuries
Our attorneys know how to demonstrate the negligent or intentional acts that support a successful wrongful death lawsuit for the loss of a loved one.
Compensation for wrongful death
When determining the appropriate amount of compensation for your loved ones passing, the decedent's will be assessed in various ways such as—
- Earning history
- Potential future earnings
- Relationship to the surviving heir
- Life expectancy
- Contribution to the household
- Loss of companionship
In a jury trial, the value of the loss suffered by the survivors is often most clearly conveyed by their testimony. We help bring the family together to present a compelling case for the highest possible award.
Wrongful Death FAQs:
How can I afford an attorney for my wrongful death case?
If you are considering hiring an attorney to handle your wrongful death action, you may be wondering whether you can afford the cost of legal representation. The Blumenshine Law Group works on a contingency fee basis.
Under a contingency fee arrangement, you will not be required to pay any upfront fees to the attorney. Instead, the attorney will receive a percentage of any settlement or award obtained on your behalf. This percentage is typically negotiated before the case begins and will be based on factors such as the complexity of the case and the amount of work involved. This means that the client does not have to pay any upfront fees to the attorney and only pays the attorney's fee if the case is successful.
What are some common causes of wrongful death?
There are many potential causes, including:
- Negligence or reckless behavior by individuals or companies - When someone or a company is not being careful or responsible enough, which can cause harm or damage to others. This can include things like not being cautious, acting carelessly, or doing something on purpose that could harm someone else.
- Medical malpractice - When a doctor or other medical professional makes a mistake or fails to provide proper care, which results in harm or injury to a patient. This can include things like misdiagnosis, improper treatment, or failure to diagnose a condition. It can also include things like surgical errors, or not providing the right medication. If a patient is harmed because of the mistake or negligence of a medical professional, it can be considered medical malpractice.
- Defective products - is a product that has a flaw or design defect that makes it dangerous to use. From a legal liability standpoint, it means that the manufacturer or seller of the product can be held responsible for any injuries or damages caused by the defective product. This is because they have a legal duty to ensure that the products they sell are safe for consumers to use and if they failed to do that and it caused harm, they can be held accountable.
- Motor vehicle accidents - which causes a death is when someone dies as a result of a crash involving a car, truck, or other type of motor vehicle. This could include accidents that happen on the road, such as collisions between cars, or accidents involving pedestrians or bicyclists. It could also include accidents that happen when a vehicle is being operated in a reckless or negligent manner. This can be a very tragic event for the victim's family and friends.
- Workplace accidents - This could include things like construction accidents, industrial accidents, or accidents in an office setting. When a death occurs, the employer can be held legally liable for the death if it is found that they did not take appropriate safety measures or if they were negligent in ensuring a safe working environment. This means that they can be held responsible for the death and face legal consequences.
- Criminal actions - This may occur when someone intentionally kills another person through a criminal act such as murder, manslaughter or vehicular homicide. When wrongful death is caused by criminal actions, the person who committed the crime can be held liable through the criminal justice system, and the family of the victim may also be able to file a civil lawsuit against the person who caused the death.
- Prescription drug errors - Someone dies as a result of a mistake made in the prescribing, dispensing or administering of medication. A doctor may prescribe the wrong medication, the wrong dosage, or if the pharmacist dispenses the wrong medication. The person or entity responsible for the error may be held liable for the death. The responsible parties can include the doctor, pharmacist, hospital or even the drug manufacturer. The family of the victim can file a lawsuit and seek compensation for the loss of their loved one.
- Nursing home abuse or neglect - Nursing home abuse or neglect refers to a situation where staff or caretakers fail to provide the necessary care and attention to residents. This can encompass physical and emotional abuse, neglect, and inadequate medical treatment. Unfortunately, it may result in serious injury or death. In such cases, negligence on the part of the nursing home and its staff may make them liable. This could lead to legal consequences and the victim's family may seek compensation through a wrongful death lawsuit.
- Aviation accidents - This can occur during takeoff, flight, landing, or even while the plane is being serviced. If it is found that the accident was caused by the negligence or carelessness of the airline, the pilots, or the maintenance crew, the family of the victim can file a wrongful death lawsuit against the responsible parties.
It's important to note that each case of wrongful death is unique and the specific cause will depend on the circumstances surrounding the individual's death.
Chicago wrongful death attorneys seek appropriate compensation for your loss
We have helped many family members recover the compensation they deserve from the companies or individuals responsible for a family member's death. There are many different types of wrongful death and product liability situations and different laws and statutes in the State of Illinois that apply.
If a loved one has been killed or seriously injured in an accident or by a defective product, it is crucial that a personal representative does not wait to pursue litigation. If the statute of limitations passes, the court may refuse to hear the case and the family will be left with no recourse.
The statute of limitations may vary depending on the cause of death. Typically you have 2 years to file a claim. It is crucial you speak a wrongful death lawyer immediately to ensure you have time to file your case.
These cases are challenging and insurance companies work hard to defeat them, but our lawyers are committed to securing the financial compensation you deserve.
Contact the wrongful death attorneys at the Blumenshine Law Group today today for a free consultation. Call our law firm at (312) 766-1000 or email info@blg-legal.com.