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Losing a loved one unexpectedly can cause a lot of anguish. There is a great emotional impact and potentially life-changing financial loss. If your loved one died because of another’s negligence or intentional act, an Aurora wrongful death lawyer could help you pursue a legal remedy after a tragedy.
Representing yourself in a legal action can be very complicated. Consulting with a compassionate personal injury attorney may be greatly beneficial while navigating this process. A lawyer could provide support by helping you understand what a “wrongful death” means, assessing potential damages, and determining when your claim should be filed.
While death is a tragic situation for a family to experience, not all deaths are considered wrongful. As outlined by the Illinois Wrongful Death Act, a wrongful death happens because of improper or criminal action or inaction. Had the deceased survived, they could have filed a claim to collect damages on their own behalf.
Wrongful death actions can be filed against both people and entities like corporations. Examples of wrongful death causes include car accidents, defective products, workplace accidents, and nursing home neglect. A wrongful death can also include intentional acts of violence, like assault or homicide. Contacting an Aurora wrongful death attorney can help a claimant understand whether they have a cause of action.
An Aurora lawyer with knowledge of wrongful death actions could determine potential damages the deceased’s surviving spouse or next of kin could receive. Damages are generally separated into three categories: economic, non-economic, and punitive. Economic damages are damages that can be calculated with a dollar amount, like medical expenses incurred before death. Economic damages can include:
Non-economic damages are those that are not as easily calculated. While some harms are intangible, like pain and suffering, they are just as important to claimants who have lost a loved one. These damages can include:
Punitive damages are implemented to punish a defendant for especially harmful conduct if compensatory damages are awarded. The law was amended to allow a plaintiff to receive punitive damages. A knowledgeable attorney could assist with calculating and maximizing the damages a survivor can receive.
A wrongful death attorney in Aurora could ensure a claim is filed before the statute of limitations ends. Survivors can lose their right to file a lawsuit when they do not file before the statute of limitations expires.
The statute of limitations for wrongful death actions is two years from the day a loved one dies. However, there are exceptions to this rule. The statute of limitations is five years when someone dies from an intentionally violent action.
The law also specifies that someone has a year to file after the conclusion of a criminal case if the defendant who caused the death was convicted of offenses such as first-degree murder, second-degree murder, or involuntary manslaughter.
After the death of a loved one, an Aurora wrongful death lawyer can assist with the different facets of filing your claim. A lawsuit, especially after someone dies, can seem overwhelming, but a lawyer could handle the legal process so you can focus on healing.
Contact us to schedule a consultation. Pursuing a wrongful death lawsuit with the assistance of an attorney can help you steer the legal process to receive just compensation.