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If you are not familiar with personal injury law, you might not know what to expect when you file a claim for the accidental death of a loved one. The wrongful death case process in Cicero is not noticeably different from other claims but there may be more urgency if the deceased was the primary earner in a household. Talk to a compassionate wrongful death attorney about what to expect in this situation.
A wrongful death case in Cicero begins at the moment of negligence. Even if the damages do not result in the death of an individual plaintiff, it is still important to speak to a lawyer as soon as possible. Oftentimes, a law firm is retained after there has been negligent conduct, even though the plaintiff is still alive.
The sooner the family speaks to a lawyer following any type of negligence, the likelier it is for a successful recovery. It is not necessary to wait until someone is killed in order to speak to a lawyer.
A lawyer must establish negligence, which means that the death must have been caused by the unsafe conduct of a third party. If the negligence results in death, there are additional steps taken to investigate and document the extent of the loss.
Simply because someone dies after an accident does not automatically mean that it is a wrongful death case. Oftentimes, the lawyers will fight about the cause of death, as it might end up being completely unrelated.
A skillful lawyer will always attempt to prove the causal link between the original injuries and the cause of death. The accident need not be the only cause, but if the negligence was a contributing cause along with other factors, this is sufficient to make a recovery for wrongful death.
The difference between a personal injury case and a wrongful death case lies in the damages. In a typical injury case, plaintiffs are not entitled to damages for grief or sorrow. These elements are reserved for surviving family members after the wrongful death of a person.
Many clients will ask how long a wrongful death case in Cicero will last. It is difficult to give a precise answer to this question. The length of a case might be dictated by the backlog of cases at the court. It may also depend on how much investigation is necessary or on the response of the insurance company for the at-fault individual.
A lawyer does not get paid until the case is over. It is always in the lawyer’s and the client’s interest to move a case along as expeditiously as possible. The more unnecessary delays there are, the longer it will take for the family to receive compensation and the lawyer to be paid.
Many cases are resolved by way of settlement, which would mean that the insurance company agrees to pay a certain amount and the family agrees to accept that amount in exchange for settling the case. No one can force the insurance company to make an offer and no one can force the family to accept an offer. A settlement occurs when both parties reach a mutual agreement.
There are many factors that go into the decision, but if a case does not settle, the ultimate decision rests in the hands of a jury following a trial. The jury will decide who wins and how much compensation to award the family in a wrongful death case. Most jury verdicts will result at the end of the case. In a small number of instances, there may be an appeal following a jury trial.
It may seem intimidating to file a civil suit over the death of a loved one. McCready Law is here to help you understand the wrongful death case process in Cicero and get you the help that you need. Fill out a contact form and set up a free consultation with one of our attorneys.