Here at 844 See Mike, we proudly serve the citizens of the state of Illinois in personal injury cases, including when you have lost a loved one in a wrongful death, and our attorneys are committed to protecting your rights and ensuring that the other party is held legally liable when negligence occurs. We will fight to the end to ensure that you are fully compensated for your losses, including funeral expenses, lost wages, pain and suffering, and loss of consortium, and you will not owe us anything for our services unless we win your case. Contact our Naperville wrongful death lawyers today to schedule a free consultation.
Who Can Be Sued For Wrongful Death?
Under the Illinois wrongful death law, any person or business entity who is legally at fault for the death of another person, typically due to negligent or reckless conduct, can be sued by the personal representative of the victim with the help of a wrongful death attorney. Common accidents in a wrongful death lawsuit include:
Car accident
Types of driver negligence in car accidents include distracted, fatigued, reckless, and drunk driving.
Defective Product/Product Liability
Defective design or manufacturing of a product that results in the death of its user may give rise to a wrongful death claim against the product’s manufacturer. In some cases, missing or inadequate warning labels may also be product liability violations.
Dog bites/animal attack
The owner of a pet who attacks and kills another person can be sued for wrongful death.
Medical malpractice cases
Health care providers can be sued for fatal medical errors, including medication errors, errors resulting in birth injuries, surgical errors, and delayed or missed diagnoses. Damages can also be sought for the wrongful death of an unborn fetus in accordance with Illinois law.
Nursing home abuse/neglect
The owner, managers, or staff members (or a combination thereof) of a nursing home may be legally liable if a resident dies as a direct result of abusive or neglectful conduct.
Workplace accident
An employer can be sued if its negligence directly resulted in the wrongful death of an employee.
File a Wrongful Death Case
Under Illinois wrongful death law, you have two (2) years from the date of your loved one’s death to file a wrongful death claim. There are also exceptions to this rule: the first is that a minor has two (2) years after turning eighteen years of age to file; the second is the “discovery rule,” under which the surviving loved ones of a deceased victim of medical malpractice have two (2) years from the date they “knew or reasonably should have known” of the injury, while the claim must still be filed within four (4) years from the actual date of injury; and the third is for wrongful death claims against a government agency in Illinois, which must be filed within one (1) year and with respect to additional special notice requirements.
In Illinois, a wrongful death claim can be filed only by the victim’s “personal representative,” who is usually an immediate family member who may have been designated in the victim’s will. If a personal representative was not named in the will, a surviving loved one may petition the Probate Court in their jurisdiction to be appointed as such.
Wrongful death claims are made for the “exclusive benefit” of the victim’s next of kin and surviving spouse, and “next of kin” can refer to any blood relative who would take the victim’s property if the victim died without leaving a will, according to Illinois law.
Compensation
Settlements awarded for wrongful death cases in Illinois are paid “for the exclusive benefit of the surviving spouse and next of kin of such deceased person” (740 ILCS 180/2). Settlement amounts vary depending on the circumstances of the accident (especially if punitive damages are involved) and certain characteristics of the deceased, such as professional status and earning power, whether they had children, and their age and state of health at the time of the accident. Some wrongful death settlements exceed $1 million, while others are significantly lower, and whether the plaintiff retains a lawyer often correlates with their potential success in the case.
How We Help in Wrongful Death Lawsuits
If you have lost a loved one due to wrongful death, your family hopes to find solutions and recover the compensation you deserve for your losses, and our wrongful death attorneys will be there with you to ensure a smooth and hassle-free process. Here are some ways your attorney will ensure a successful case:
Insurance Reviews
Compensation in a claim often depends on the insurance coverage available, and your attorney will review all insurance policies involved in your claim.
Research
We collect evidence to establish cause and legal responsibility for the death of your loved one, and may also consult with highly-qualified experts and analysts to gather more specific information for your case.
Talks
We will handle negotiations with the insurance companies to reach an agreement that fully compensates you and your family, as well as the estate, for your losses.
Litigation
If necessary, we will go to trial to establish your case in court and handle any appeals after the verdict.
Resolution
We will fight until the end to ensure that your rights are protected and you are compensated for your losses so that you and your family can maintain stability during your difficult time.
Call Our Wrongful Death Lawyers Today
If your family member’s death was caused by the negligence of another person, you need an experienced attorney. Contact 844 See Mike for a free consultation. We represent personal injury victims across the country, and helping our clients is about advising, advocating, and solving problems. With years of experience successfully representing the people and not the powerful, we will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, our attorneys are not paid a fee unless we win your case. Our promise is this: you have nothing to risk when you hire us – only the opportunity to seek justice.
