Illinois Wrongful Death Lawyer

The grief and anguish of losing a loved one because of the negligent, careless behavior of another person or company should not happen. We know the pain and shock that you and your family are experiencing and we are here to do everything in our power to provide some semblance of comfort. While no monetary sum can bring back your lost loved one, our Illinois wrongful death lawyers can help your family deal with the financial hardships you may be going through, as well as provide some justice. Give us a call immediately for a free, confidential, no-obligation case review.

We know that wrongful death claims in Illinois are never easy. In a perfect world, negligent acts would never happen. But they unfortunately do, and we help fight to make sure the entity or person responsible for your loved one’s death is held accountable to the fullest extent of the law. We will not settle for anything less than the best possible recovery for you and your family, and neither should you.

The McCready Law legal team fights for your rights and demands the best recovery possible in your wrongful death case. Our experienced and tenacious lawyers have successfully recovered milliond in settlement and trial results for our clients. We do not charge any fees unless we win your family’s claim.

How Does Illinois Law Define Wrongful Death

According to 740 Illinois Compiled Statute 180/1, a wrongful death occurs when a person dies as a result of another’s “wrongful act, neglect or default.” A wrongful death claim can be brought in any situation where the individual could have brought a personal injury lawsuit had he or she lived.

Under 740 ILCS 180/2, wrongful death lawsuits must be filed within two years of the date of the individual’s death. Yet, if the individual died as a result of “violent intentional conduct,” defined in Molly’s Law, the suit must be filed within five years of the date of the death.

A wrongful death suit may be filed one year after a criminal case is finished if the individual who caused the wrongful death was charged with any of these crimes in relation to the death:

  • First- or second-degree murder
  • Intentional homicide or voluntary manslaughter of an unborn child
  • Involuntary manslaughter or reckless homicide
  • Involuntary manslaughter or reckless homicide of an unborn child
  • Drug-induced homicide

Who Can File a Wrongful Death Claim in Illinois?

A wrongful death claim can only be filed by a personal representative of the deceased, according to the Illinois Wrongful Death Act. If the deceased has a valid will that singles out an executor, then the executor is thought of as the personal representative. If the decedent does not have a will or their will is considered invalid, then the court selects an administrator that is normally nominated by an interested party. The process of appointing this administrator is governed by the Illinois Probate Act. While a court may appoint any person as administrator, the Probate Act leans toward family members and others in the following order:

  • Surviving spouse
  • Legatees
  • Children
  • Grandchildren
  • Parents
  • Brothers and sisters
  • Nearest kin

What Are My First Steps in a Wrongful Death Claim?

The first thing you need to do is, at the very least, have a conversation with a qualified Illinois wrongful death lawyer. You can do that for free by calling now or contacting us online for a confidential, no-obligation case review.

The wrongful death lawyers recognize that the main goal of any family that is dealing with the loss of a loved one is to seek justice. We get it. However, it is equally critical to seek damages for your substantial losses – financial or otherwise – right now, as you only have one chance to make the person or company who caused the wrongful death of your loved one pay for their negligent behavior. Our skilled and aggressive lawyers work with you throughout the following parts of your wrongful death claim:

Investigation to make your case. Allow your wrongful death lawyer in Illinois to handle all the administrative and other aspects of your case so you can concentrate on the things that mean the most to you and your family. We have a completely staffed firm of legal professionals who can deal with filing the proper paperwork, speaking with the defense and any other parties involved and any clerical tasks.

Know the entire value of your claim. As an experienced attorney who has been handling cases like yours for more than two decades, your wrongful death lawyer in Illinois understands how to properly figure the value of your suit. Without this experience, it is almost impossible to fully know the monetary value of damages like loss of consortium, mental anguish and pain and suffering. Your skilled wrongful death lawyer will make sure that each and every dollar is accounted for and that you and your family are demanding what your case is truly worth, even when it comes to economic damages such as medical bills and loss of income and benefits. We realize that this is an incredibly hard time. You have lost someone you love tragically and suddenly, and now you have to deal with the legal procedure of your wrongful death suit. We are here to make it as easy as possible for you. We realize that sometimes what you need from us most is encouragement, a kind word or a hand to hold, and we take our responsibility of representing and counseling mourning families very seriously.

What Are Some Examples of a Wrongful Death Case?

Our wrongful death attorneys have over 20 years of proven experience in wrongful death lawsuits and have assisted countless people throughout Illinois get the compensation they deserve to lessen the pressure and uncertainty they face following their sudden, substantial loss. Our wrongful death lawyers in Illinois have successfully taken on all types of claims, including:

  • Car accidents are one of the most common causes of death, and can result from either driver negligence or road issues.
  • Construction site and workplace accident claims involve deaths that happen at high-risk jobs, especially if safety precautions were not properly observed.
  • Product defects that result in the death of a loved one frequently warrant a wrongful death suit, and can deal with anything from dangerous toys to toxic foods.
  • Truck accidents are distinct from car accidents in that trucks can weigh up to 80,000 pounds, as much as 20 to 30 times more than a standard vehicle, and cause death with more frequency.
  • Pedestrian accident cases can involve driver negligence, but also sometimes involve problems with roadways which are maintained by Wheaton, IL or the nearby county.

These are only common examples of wrongful death cases in Illinois. Give us a call as soon as possible or fill out our online contact form if you have questions regarding the substance of your claim. It costs nothing to speak with our top wrongful death lawyers for a case review. There will be no fee unless we win your suit.

How Will a Wrongful Death Lawyer Prove My Claim?

As the plaintiff in a wrongful death case, you must demonstrate that the defendant owed your loved one a duty of care, and prove that their negligence in that duty caused your loved one’s death in Illinois. In order to make sure that you and your family have a bonafide claim, and for the greatest likelihood of winning a wrongful death suit and recovering damages for your claim, you should talk to an experienced wrongful death attorney at Burger Law based in Chicago as soon as possible. Consumer product manufacturers are supposed to release products that have minimal risk to users, and any hazards in using the product should be adequately disclosed throughout the area.

  • There was a breach of this duty of care. The next fact you must establish is that the defendant behaved in a way that violated that responsibility, a breach of duty. This is where negligence is proven. This takes place when an intoxicated person makes the decision to operate a motor vehicle or when a doctor or other medical professional fails to operate on a patient safely.
  • This breach caused the death of your loved one. At this point, you must prove fault and causation. Essentially demonstrating that, if the defendant had not done what they did in Wheaton, IL, the decedent would almost certainly still be living. Your Illinois wrongful death lawyer will likely consult and pursue testimony from a network of experts like medical professionals or coroners who can determine the cause of the death and how certain conditions and injuries influence an individual’s ability to survive.
  • The defendant’s negligence caused damages. Lastly, to be successful in your suit, you must demonstrate how the defendant’s behavior has affected you. A skilled wrongful death lawyer will figure the complete value of your damages and negotiate appropriate financial compensation for you and your family. Our wrongful death lawyers have experience in wrongful death cases similar to yours, and understand how to value your damages and negotiate an excellent recovery.

What Damages Can My Wrongful Death Lawyer Help Recover?

Following the death of a loved one, surviving family members can struggle to stay afloat financially. Funeral costs and medical bills may be overwhelming and families can struggle to make ends meet. Failing to file a wrongful death claim, you and your family will be responsible for covering those expenses with your own money. Favorably, a solid wrongful death case headed by an experienced attorney will have a good likelihood of recovering some of these costs as damages. Under Illinois law, you and your surviving loved ones can seek a number of different damages, and there are no damage caps. These damages are classified as:

  • Economic: expenses such as medical bills, treatment costs, funeral expenses and loss of income and benefits which are measurable dollar amounts
  • Non-economic: other non-quantified damages, like pain and suffering, loss of companionship and mental anguish
  • Survival: damages sustained from the accident but prior to their death, such as pain and suffering because of their fatal injuries

In order to collect the complete damages you and your family deserve, you must hire an experienced and aggressive wrongful death lawyer from a trustworthy firm. Our attorneys are dedicated to fighting for you and your family and demanding the best possible recovery on the heels of your unspeakable loss. We will not stop until we have assisted in recovering any applicable damages, including:

  • Loss of income
  • Reduced capacity for future income
  • Loss of benefits
  • Loss of companionship
  • Loss of instruction to children
  • Guidance
  • Counseling
  • Funeral Expenses
  • Burial costs
  • Medical expenses
  • Treatment costs
  • Pain and suffering
  • Mental anguish

We understand that your loved one’s death is complicated. We want to help get you and your family the best possible recovery under Illinois law. You and your family deserve to have your concerns and needs met. We are here to help, whenever you are ready to talk.

Reach Out To a Wrongful Death Lawyer in Illinois

We understand how overwhelming the loss, and we recognize the unknowns and fear associated with your loss. We stand in your corner and fight to preserve the memory of your loved and the future of your family when you hire our Illinois wrongful death lawyer. We never settle for anything short of the best possible recovery, and neither should you. We can help you and your family get the compensation, justice, and recovery you are entitled to.

Call us now or contact us online for a free, confidential case review. Unless we win your family’s suit, we do not charge any fees.

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