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If your loved one died as the result of someone’s negligent act or inaction, you may be entitled to compensation for the loss in a wrongful death suit. State law provides wrongful death actions when the death occurs from the wrongful act, neglect, or default of another person. The act must be one that, if the deceased had survived, they would have been entitled to sue for personal injury damages, including punitive damages.
Damages in Chicago wrongful death cases are those a deceased person’s surviving spouse and children may bring to demand the court award just compensation for their loss. Any surviving relative may sue if no spouse or children survive. The deceased person’s last will and testament may name the representative to bring the case, or the Probate Court may appoint the representative.
Any person or company found legally liable for the death of another human being may face a lawsuit under the Illinois Wrongful Death Act. In general, being liable means the defendant was negligent, their actions were reckless, or even intentional. The common types of acts include motor vehicle accidents in which the driver was distracted, under the influence, or road rage incidents. Some deaths may result from mechanical failure or a work-related incident. Bikers, motorcyclists, and pedestrians also have a higher likelihood of fatal injuries in a traffic crash due to having less protection.
Survivors of a person injured in a wrongful death case may sue for financial compensation to redress their loss. The lawsuit may demand economic compensation, such as lost wages, loss of future earnings, funeral expenses, and medical bills. The financial compensation may also include pain and suffering, emotional distress, and diminished quality of life. In appropriate cases, the court may also award punitive damages. A Chicago lawyer experienced in wrongful death damages can help you determine the value of your claim.
This means that evidence of medical records, accident scene investigations, photos, financial evidence of the losses, as well as expert testimony are critical to winning the award the plaintiff seeks. An experienced personal injury attorney is crucial in discovering and preserving the evidence that supports each unique case.
States often set time limitations on when lawsuits must be filed. These statutes are known as Statutes of Limitations. In general, the state requires that plaintiffs file lawsuits for damages in wrongful death cases within two years of the injury. Exceptions to this rule may provide additional time for certain plaintiffs, such as minor children, or due to intentional circumstances. Your experienced wrongful death attorney will know how the statute of limitations applies to the facts in your case.
Due diligence during the search for a wrongful death attorney is critical to the success of your case. Select a law firm that is experienced and has the skill to preserve and manage the evidence required to satisfy the court’s determination of the damages. Our lawyers will fight zealously for your family’s right to just compensation for the loss of your loved one. We know that money cannot replace your loved one, but it can help keep your family’s finances stable while you grieve.
Call to set up a free consultation. We will review your circumstances and guide you on the pathway to achieve success in the fight for damages in Chicago wrongful death cases.