Chicago Wrongful Death Lawyer

Unfortunately, part of what we do here at D&W Law Group is work on cases where our clients have lost a loved one due to negligence. This is often a very difficult time for the family, and the last thing on anyone’s mind is a potential lawsuit for wrongdoing. That’s why you need to hire an experienced law firm like D&W Law Group to execute the important early investigations that are critical to building a case.

Our attorneys work quickly to determine the other party’s negligence and hold them accountable for the harm they have caused, whether it be a car accident, construction accident, medical malpractice, nursing home neglect or some other negligent act. Let us take on the task of recovering compensation for your family, so you can focus on getting through your grief and picking up the pieces after a tragic accident.

Contact us online for a no-cost, confidential consultation with one of our dedicated and experienced wrongful death lawyers.

Table of Contents

• Important Facts About Wrongful Death Claims
• What Must Be Proven To Establish Negligence In Wrongful Death Cases?
• What Are Common Causes Of Wrongful Death Claims?
• Who Can File Claims, And What Damages Are Available?
• Understanding Wrongful Death Vs. Survival Actions
• How Long Do You Have To File A Wrongful Death Claim In Illinois?
• What Are Some Ways To Gather Evidence In A Wrongful Death Case?
• We Are Here When You Need Us

Important Facts About Wrongful Death Claims

Under the Illinois Wrongful Death Act, a wrongful death lawsuit can be based on any neglect, default or wrongful act that would have given rise to a personal injury claim had the victim only been injured and not died. The personal representative of the victim’s estate must file an Illinois wrongful death lawsuit for the benefit of the surviving spouse and next of kin. Any monetary award is distributed to family members in proportion to how much they depended on the deceased for support.

A jury in an Illinois wrongful death case can award any amount of damages that are deemed “fair and just.” This includes compensation for direct financial costs as well as other aspects of the injury. For example, wrongful death damages could include:

• Hospital and medical expenses
• Funeral and burial expenses
• Loss of income
• Loss of household support
• Compensation for grief, sorrow and mental suffering

What Must Be Proven To Establish Negligence In Wrongful Death Cases?

Establishing negligence in wrongful death cases requires proving four essential legal elements that form the foundation of your claim. These elements include:

• Duty of care: The at-fault party owed a legal obligation to act reasonably toward the deceased
• Breach of duty: The responsible party failed to meet that standard of care through action or inaction
• Causation: This breach directly caused or substantially contributed to the death
• Damages: The death resulted in quantifiable losses to surviving family members

These elements work together to build compelling wrongful death cases that hold negligent parties accountable.

What Are Common Causes Of Wrongful Death Claims?

Wrongful death claims arise from various types of accidents and negligent conduct throughout Chicago and Illinois. Common scenarios include:

• Motor vehicle accidents, including truck accidents from driver negligence such as speeding, distracted driving or impaired operation
• Motorcycle accidents involving other drivers failing to see motorcyclists or making unsafe lane changes
• Medical malpractice, including surgical errors, misdiagnosis, medication mistakes or failure to properly monitor patients
• Nursing home neglect involving inadequate care, medication errors or failure to prevent falls and infections
• Premises liability deaths from unsafe property conditions, including inadequate security or slip-and-fall hazards
• Product liability cases involving defective products that cause fatal injuries through design flaws
• Workplace accidents, including industrial incidents, exposure to hazardous materials or unsafe working conditions

Even criminal acts can give rise to wrongful death claims when property owners fail to provide adequate security.

Who Can File Claims, And What Damages Are Available?

Illinois law specifies who can file wrongful death claims and recover compensation. The deceased person’s estate personal representative must file the lawsuit for surviving family members’ benefit. Next of kin includes surviving spouses, children, parents and siblings when no closer relatives exist.

Economic damages compensate for financial losses, including medical expenses before death, funeral costs, lost future earnings and diminished inheritance. Noneconomic damages address survivors’ emotional losses, including grief, mental suffering, and loss of companionship and guidance.

Understanding Wrongful Death Vs. Survival Actions

Illinois recognizes two distinct legal claims following negligent deaths. Wrongful death claims compensate survivors for their losses resulting from the death. Survival actions allow the deceased’s estate to recover damages the deceased could have claimed if they survived, including pain and suffering experienced before death.

How Long Do You Have To File A Wrongful Death Claim In Illinois?

In most cases, a wrongful death lawsuit must be filed within two years from the date of the person’s death, or you can be prevented from ever filing a claim. Therefore, it is best to contact an attorney as soon as possible after the accident. This will help ensure that any claim is filed in a timely manner and that you can receive much-needed compensation sooner rather than later. Your lawyer will also want to start investigating and preparing a case while the evidence is still readily available.

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What Are Some Ways To Gather Evidence In A Wrongful Death Case?

Since your deceased loved one is no longer able to provide a history, wrongful death cases often hinge on what other witnesses may have seen, heard or learned about the incident. The use of professional investigators and accident reconstruction experts may also be important to your case. At D&W Law Group, we work with seasoned professionals as necessary to build a solid case and hold responsible parties accountable for the harm they have caused.

We Are Here When You Need Us

If you have lost a loved one due to the negligent or wrongful conduct of another, contact the D&W Law Group at 312-258-1800 or reach out online for a no-cost, confidential consultation with one of our dedicated and experienced Chicago wrongful death attorneys.