Aurora Wrongful Death Lawyer

Losing a loved one is a terrible tragedy. That tragedy becomes even worse when the incident was preventable. When a loved one is killed due to the negligence or recklessness of another party, an Aurora wrongful death lawyer can file a claim to recover damages.

The team at Rosenfeld Injury Lawyers has years of experience helping victims file wrongful death lawsuits on behalf of their deceased loved ones. While nothing can make up for a loved one’s death, you can hold the at-fault party responsible by filing a wrongful death claim to recover compensation to address damages suffered by your family. 

Wrongful Death Claims Under Illinois Law

Every state has specific language about what constitutes a wrongful death. In Illinois, a wrongful death occurs when an individual dies as a result of another party’s “wrongful act, neglect, or default.” Your situation must meet these standards to win a wrongful death lawsuit, and you must be able to prove them in your claim. 

Common Types of Wrongful Death Cases in Aurora, IL

A wrongful death claim is a complex legal process. Furthermore, the burden of proof is on the claimant. If you are not sure your case would qualify, our wrongful death lawyers offer a free consultation to discuss the merits of your case. 

During that call, you can share details of your case, and we can discuss the potential for a lawsuit moving forward. Below are a few common types of wrongful death cases Rosenfeld Injury Lawyers have handled. 

Car and Truck Accidents

Motor vehicle accidents are a leading cause of death in the U.S. and Illinois. The latest available data from 2022 reveals that 13 people were killed in motor vehicle crashes in Aurora alone. [1]

Our Aurora car accident attorneys work with families of lost loved ones involved in a car accident. In such cases, the negligent party could be other drivers, trucking companies, or the government for failing to maintain road conditions. 

Truck accidents are the most dangerous type of vehicle collision. Since trucks are large, other drivers and passengers are at a greater risk of injury and death. 

The cause of the accident could be driver fatigue, poor road conditions, inclement weather, distracted driving, or drunk driving. Our team of Aurora truck accident lawyers specializes in fatal collisions with larger commercial vehicles. 

Pedestrian Accidents

When vehicles and pedestrians are involved in collisions, these are known as pedestrian accidents. They often occur at intersections, crosswalks, or on poorly-lit country roads. Since pedestrians have little to no protection against vehicles, these incidents often lead to severe personal injury and death. 

If the vehicle operator committed a negligent act, causing the death of a pedestrian, the victim’s family can file a wrongful death claim with the help of Aurora pedestrian accident attorneys from our firm. 

Bicycle Accidents

Although Aurora is on the outskirts of Chicago, it is still a very busy area. Many bicyclists who commute or ride for pleasure are more vulnerable to dangerous collisions because of the lack of protection. If other drivers on the road are not careful, they may not see a nearby bicyclist and could end up colliding with them, putting the rider at risk of death. 

Aurora bicycle accident lawyers can support the families of victims through the claims process and, if warranted, a personal injury lawsuit. 

Medical Malpractice

Medical malpractice is a scenario in which healthcare professionals fail to uphold the standards of care for their patients. A few examples of medical malpractice include incorrect diagnoses, failure to administer the right medication, anesthesia errors, and operating under the influence.

If you believe your loved one was the victim of a similar scenario, then contacting Aurora medical malpractice attorneys is the right first step. If the victim dies because of malpractice, you may have grounds for a wrongful death suit. 

Workplace Accidents

Workplace injuries are all too common in the state of Illinois, especially in dangerous industries such as manufacturing, construction, and logging. If a loved one dies as a result of negligence in the workplace, it may be considered a wrongful death, for which family members of the deceased person could pursue a claim against the company or individual responsible. 

Surviving families may also be entitled to death benefits through workers’ compensation, so contact our Aurora workers’ compensation lawyers to learn about your options if a family member dies due to workplace injuries. 

Slip and Fall

A person may trip or slip on an unsteady surface and be injured. In extreme cases, victims may die from their injuries, in which case their surviving family members can file a lawsuit against the property owner with the help of our Aurora slip and fall attorneys.

Nursing Home Abuse

The elderly of Aurora, IL are particularly vulnerable to negligence and unfair treatment, especially if they live in a nursing home. Responsible parties in a nursing home case may include nursing staff, other residents, or even facility administrators. 

Aurora nursing home abuse lawyers can help families of victims who have experienced abuse or neglect at the hands of others in one of these facilities. If the victim dies because of these actions, the surviving family should consider pursuing legal action such as a wrongful death claim. 

Damages You Can Recover Through a Wrongful Death Lawsuit

The primary purpose of an Aurora wrongful death case is to recover compensation for damages from a liable party. Since the victim has passed away, these damages must have impacted you as a surviving spouse, parent, child, or other close family. 

There are two types of damages surviving family members can pursue after a wrongful death; economic and non-economic.

Economic damages include measurable amounts such as lost income, medical bills, funeral services, and burial costs. 

Non-economic damages are not as straightforward in terms of monetary value and include factors such as loss of consortium, emotional distress, and loss of quality of life. 

Who Can File a Wrongful Death Claim in Aurora, Illinois?

According to the Illinois Wrongful Death Act, only an adult child or spouse can file a claim against the responsible party. 

However, if neither of these parties exists, then other family members have the right to do so, such as parents or siblings of the deceased person. 

An underage child can file a claim with the help of a personal representative who is either appointed in a parent’s will or chosen by the Illinois court system.

How an Aurora Wrongful Death Attorney Can Help

Working with an Aurora wrongful death attorney from our team is a surviving family member’s best chance of winning wrongful death settlements for damages suffered. Our experience and knowledge of Illinois state law will allow us to build a strong case through the following process. 

Evaluating Your Claim

First, we must evaluate if you have an eligible case. With a free initial consultation, you can tell a personal representative about your case, and we will determine if there is a path to winning your claim. 

Calculating Damages

As mentioned previously, there are economic and non-economic damages you may be eligible for as a surviving family member in a wrongful death legal action, including funeral and burial expenses. Your lawyer will calculate the damages you have suffered to come up with a number for the claim. In Illinois, there is no cap on compensation in wrongful death claims.

Negotiating With Insurance

Insurance companies exist to make money. That means avoiding high payouts. They will attempt to undermine your case and make the lowest possible. With our wrongful death attorneys on your side, you will have the negotiating power to ensure your settlement is fair and covers all necessary damages. 

Pursuing a Lawsuit

To win your civil lawsuit, evidence is required. Your wrongful death attorney from our legal team will know exactly what kind of evidence is needed to strengthen your case. This may include images of the incident, police reports, funeral bills, pay stubs, eyewitness testimony, footage of the scene, medical records, and more. 

If a settlement cannot be reached and your case goes to court, we will represent you and ensure your rights under Illinois law are protected during the process. These types of cases are usually settled before a court proceeding, though there are exceptions. 

Proving a Wrongful Death Case in Aurora, IL

The evidence in your claim must support the claim that a person’s negligent actions caused the wrongful death and led to the damages suffered by your family. Proving these aspects will determine a claim’s viability:

• Duty of care – The responsible party had a certain level of responsibility to protect the victim
• Violation of duty of care – The responsible party failed to act in a way that upheld the duty of care, otherwise known as negligence
• Causation – This person or entity’s actions directly caused the incident that led to the death
• Damages – As a result of the death, surviving family members suffered from economic and/or non-economic damages

What Is the Statute of Limitations for Wrongful Death Claims in Aurora Illinois?

Victims have a time limit in which they can file a wrongful death action. The Statute of Limitations states a claim must be filed within two years of the victim’s death. If intentional violent conduct was involved, this time limit is five years. 

Wrongful Death Claims vs. Criminal Cases

It is possible a criminal trial will be held for the at-fault party for their actions. This does not mean a wrongful death civil action is not possible. In fact, these types of cases often occur side-by-side, since a criminal trial is focused on punishing the perpetrator while a claim is about compensating the victim. 

Are Aurora Wrongful Death Lawyers Expensive?

The wrongful death attorneys at Rosenfeld Injury Lawyers work on a contingency fee basis. This means we receive payment only if we win your case. This provides the perfect incentive for our team to work as hard as possible to collect evidence, negotiate with insurance companies, and earn fair settlements for our clients. 

We receive payment only out of the settlement agreement after winning your case. You will not pay a dime upfront for our legal services. 

Contact an Aurora Wrongful Death Lawyer Today!

If your family member died because of someone else’s negligence, you have the right to pursue compensation for all the financial and emotional losses you are struggling with. This settlement can cover damages such as medical expenses, lost wages, funeral costs, and non-economic damages such as loss of consortium. Rosenfeld Injury Lawyers are ready to build your case and hold the at-fault party responsible for your suffering. 

Contact us today by calling 888-424-5757 or fill out our contact form to get your free evaluation so we can talk about the merits of your case. 

Resources: [1] IDOT