The death of a loved one can impose an unimaginable sense of grief and loss. When you live with the knowledge that this death was caused by someone else’s negligence or wrongful act, that grief can become unbearable.
Not every incident that leads to the death of a loved one is due to negligence. However, if you have lost a family member because of someone else’s negligent or reckless actions, you may be entitled to pursue compensation with a personal injury attorney. A Chicago wrongful death lawyer can immediately take action to assert your rights, craft a strong case, and handle the complexities of a legal claim.
Wrongful death lawsuits can arise from numerous tragic and fatal events, including from car accidents, motorcycle accidents, bicycle collisions, pedestrian crashes, and medical malpractice. Significant workplace accidents can also lead to a wrongful death lawsuit.
Eligible family members in Chicago may also file a wrongful death lawsuit against an at-fault party who caused the death of their loved one through a crime, such as assault or another violent act. To file a wrongful death lawsuit in Illinois, you must establish that a death occurred by another person’s negligence, intentional act, or breach of duty of care.
The case must also demonstrate the harm suffered by the decedent and surviving family members, and explain the compensation for losses. The executor or personal representative of the estate must file a claim on behalf of the decedent’s estate and surviving family. This may be a family member of the decedent, or someone else that they previously chose to administer their estate.
In Illinois, certain individuals are allowed to receive the proceeds of a wrongful death claim after the loss of a family member. These individuals include the decedent’s surviving spouse and biological and/or adopted children.
In situations where none of these family members survive the decedent, other extended family including grandchildren, parents, and siblings may be entitled to wrongful death compensation. An attorney can help you understand if you have the right to file a wrongful death claim in Chicago.
If you believe that you may have grounds to initiate a lawsuit for wrongful death, it is best to consult with an attorney as soon as possible. Strict time limitations apply to these claims. In Illinois, the deadline to file a wrongful death claim is usually two years from the date of death.
However, there are some exceptions. For example, if the cause of death is not immediately clear, the statute of limitations may start from the date of discovery. For example, if the death was caused by medical malpractice, the statute of limitations may start from the date the malpractice was discovered.
Possible damages awarded in a wrongful death lawsuit or settlement could include both economic and non-economic forms of compensation. Economic damages could include medical expenses incurred by the decedent before they passed away, including hospital services, medical and surgical services.
A wrongful death claim in Chicago could recover the value of funeral and burial costs, loss of income, and the value of household services the deceased provided. Non-economic damages could include the emotional pain and suffering as well as loss of society suffered by the decedent’s loved ones.
Establishing the required elements to pursue a wrongful death claim can be challenging. An attorney can help you navigate the complex legal process to seek compensation for your loss, including funeral expenses, medical bills, and loss of income, while providing unwavering support during this difficult time. The bilingual lawyers at Schlack & Bassmaji can thoroughly investigate the incident that led to your loved one’s passing to determine if there is a valid legal claim.
If you need help pursuing justice for your deceased family member, do not hesitate to reach out and request your free, no-obligation legal consultation. Our Chicago wrongful death lawyer is ready to assist you.
