Chicago Wrongful Death Lawyer

Losing someone you love unexpectedly is indescribably painful. If your loss was tied to the actions or negligence of another, it can be even more devastating to comprehend that such suffering could have been prevented. During these trying times, seeking justice shouldn’t make your life more stressful.

At Rosenfeld Injury Lawyers, we recognize that every case of wrongful death is unique and demands attention, preparation, and dedication. Our experienced team has the resources needed to prove the wrongful act that led to your loved one’s passing.

Keep reading to learn more about wrongful death personal injury claims, how you can prove your case, and the compensation you may be entitled to. 

What Constitutes Wrongful Death?

Under the wrongful death act, a wrongful death occurs when an individual loses their life due to the negligent, reckless, or deliberate actions of another party.

Legal fault in wrongful death instances can often lead to both criminal prosecution and civil liability, providing grounds for surviving family members to file a wrongful death lawsuit against those responsible.

Who Can File a Wrongful Death Claim in Chicago, IL?

In Illinois, a wrongful death claim must be filed by the designated “personal representative” of the deceased individual’s estate. This person serves as a proxy for the interests of those who have been directly affected by the loss. 

While the personal representative is responsible for filing wrongful death claims in Chicago, awarded damages are not necessarily for the representative’s benefit. The compensation received from the wrongful death lawsuit directly benefits qualifying family members or dependents as stipulated by Illinois state law.

Why Hire Our Chicago Wrongful Death Lawyers

A wrongful death lawsuit often involves complex negotiations with insurance companies that seek to minimize their payouts. 

It’s essential not to settle too quickly or sign any agreements without having an attorney review the agreement, as offers may initially appear reasonable but often fail to adequately cover long-term financial impacts and other non-economic losses sustained.

An experienced wrongful death attorney from our law firm will further examine settlement offers and negotiate on your behalf for fair compensation. If necessary, we will take your case to court for you. 

Common Types of Wrongful Death Cases

Losing a loved one is one of the most devastating experiences someone can endure, especially when their death was preventable and caused by another’s wrongful actions. Here are common instances where such tragedies might lead to wrongful death lawsuits:

Motor Vehicle Accidents

Statistics reveal that as of March 15, 2024, Illinois has experienced 116 fatal motor vehicle accidents. Within these grim figures are four motorcycle-related deaths and 23 incidents involving semi-trucks. [1]

Car, truck, and motorcycle accidents that take lives often result from negligent or reckless driving. Families left behind may be entitled to fair compensation for losses they suffered by filing a personal injury claim with the help of our Chicago motor vehicle accident attorneys. 

Medical Malpractice

In Illinois, reports of medical malpractice are an unfortunate reality, with 2,258 cases reported in 2022 and 2023. [2] Medical negligence can vary widely from anesthesia errors to emergency room oversight.

If you suspect that your loved one’s wrongful death was due to medical malpractice, seek out the expertise of our skilled Chicago medical malpractice lawyers to ensure that negligent parties are held accountable. 

Workplace Accidents

Workplace accidents can be catastrophic, sometimes leading to tragedies that may qualify as wrongful death. In 2022, Illinois faced a significant number of workplace injuries and illnesses within private industry sectors, recording 112,500 incidents. [3] 

If a loved one has been fatally injured on the job, legal avenues exist to help families find some measure of financial recovery and justice.

For fatalities arising from construction-related incidents such as falls, equipment failures,  or structural collapses, a Chicago construction accident attorney with experience in these complex cases can guide you through the claims process.

Similarly, workers facing fatal accidents due to toxic chemical exposure need the guidance of a knowledgeable toxic chemical exposure lawyer. 

Defective Products

When consumer goods malfunction or are inherently unsafe, the consequences can be severe—ranging from serious burns caused by defective electronics to harm resulting from medical devices that don’t perform as intended. 

For help with any type of defective product claim that leads to the death of a loved one, reach out to our Chicago product liability attorneys.

Nursing Home Abuse

Instances of abuse in nursing homes can lead to serious harm or even the wrongful death of a vulnerable resident. 

Loved ones who suspect neglect or intentional abuse may find recourse by hiring a Chicago nursing home abuse lawyer. These professionals help hold responsible parties accountable and seek justice on behalf of the elderly wrongful death victims.

Police Brutality

When a person dies as a result of police brutality or excessive force, a wrongful death case may follow. These devastating instances happen more often than anyone would like to think about—approximately 10 people are killed by law enforcement each year in Chicago. [4]

If a loved one has been subject to wrongful death due to these devastating circumstances, it’s essential to reach out for legal help. A Chicago police misconduct lawyer from our team can represent victims’ families in cases of excessive force or other violations of civil rights, working toward securing justice and financial recovery for the harm suffered. 

The Statute of Limitations for Wrongful Death Claims in Illinois

In Illinois, the general statute of limitations for filing a wrongful death claim is two years from the date of death. There are certain circumstances that might shorten or extend this timeframe.

The statute of limitations for wrongful death civil suits is distinct from any timelines governing criminal cases arising from the same event. While a criminal case seeks punitive consequences, such as imprisonment or fines against a defendant, a civil lawsuit is intended to secure monetary compensation for survivors’ losses. 

Both may stem from identical facts but lead to different legal proceedings and outcomes. Rosenfeld Injury Lawyers focuses on handling civil wrongful death suit claims. 

How to Prove a Wrongful Death Case

To prove a wrongful death case, you’ll typically need to establish the four critical elements of negligence: 

• Duty: First, you must show that the defendant owed a duty to the deceased person. This could be as straightforward as a driver’s responsibility to obey traffic laws or a medical professional’s duty to provide competent care.
• Breach: Next, you and your attorney need to prove that the defendant breached that duty of care. Evidence needs to demonstrate a failure to act as a reasonable person would have under similar circumstances, such as violating traffic rules or providing substandard medical treatment.
• Causation: You also need to show that this breach caused the accident or injury, leading to the fatality in question. This establishes a direct link between someone else’s negligence and the fatal injuries.
• Damages: Finally, you must prove that the wrongful death has led to quantifiable damages. These typically include medical expenses prior to the victim’s death, funeral and burial costs, loss of income and benefits that the deceased would have earned had they lived, and pain and suffering experienced by the deceased’s family, such as the surviving spouse. 

Gathering evidence of the defendant’s negligence is necessary for proving the required elements, which can be a complex task. Here are some types of important evidence a law firm can use when building your case: 

• Forensic investigations: Forensic analysis can uncover details that may not be immediately apparent. For instance, in a car accident, it might determine vehicle speeds or points of impact.
• Video footage: If your wrongful death allegation arises from an incident captured on video—like business surveillance footage or traffic camera recordings—this can be essential. It provides real-time documentation that may clarify the wrongful death action leading to the fatality.
• Medical experts: Testimony from medical professionals is invaluable in wrongful death cases, especially where medical malpractice or similarly complex issues are involved. These experts can offer insights into whether the standard of care was met and how a breach might have contributed to the untimely death.
• Witness statements: Individuals who witnessed the event can provide testimony to clarify what happened. They may corroborate details that support your claim. 

Damages Our Chicago Wrongful Death Lawyers Can Help You Recover

When coping with the aftermath of a loved one’s wrongful death, financial restitution can address both quantifiable and more subjective losses you’ve faced. Here are the types of damages you could be entitled to:

Economic

These are tangible losses that have directly impacted your life following the untimely death of your loved one. They often include:

• Lost wages or benefits that would have been earned had the deceased party lived
• Funeral and burial costs, along with any other expenses arising from laying your loved one to rest

Non-Economic

These are the intangible impacts experienced as a result of your loss. They can be more difficult to quantify but are no less significant and often include:

• Loss of companionship, care, or protection offered by the deceased
• Emotional distress and mental suffering endured by family members 
• Diminished quality of life for survivors 

Punitive Damages

In wrongful death cases where the defendant’s wrongful conduct was exceptionally reckless or malicious, punitive damages may be awarded. These are not compensation for losses suffered but are intended to punish wrongdoers and deter similar conduct in the future.

Comparative Negligence in Wrongful Death Cases

Comparative negligence acknowledges that more than one party may share the blame for an incident leading to death. Under the Illinois modified comparative negligence standard, a victim’s survivors can still claim damages even if their loved one is found partially at fault for their own death. The damages recovered will then be reduced by the victim’s percentage of fault. 

For instance, if the victim is found to have been 30% responsible for the events that led to their fatal encounter—maybe they rolled through a stop sign and were hit by a drunk driver who ran a red light—the compensation would be reduced by 30%.

The doctrine also states that a victim cannot recover damages if they are more than 50% at fault. 

Chicago Wrongful Death Laws

Chicago wrongful death laws provide specific legal avenues for those dealing with the aftermath of a loved one’s sudden and unjust passing due to someone else’s negligent or intentional conduct. The two primary ways to do this are through a wrongful death claim or a survival action.

Illinois Wrongful Death Act

Under the Illinois wrongful death act, when an individual’s death is caused by wrongful actions from another entity or person, surviving family members, often the surviving spouse (through a personal representative), can recover financial compensation for the losses they suffer as a result. 

Illinois Surviving Act

The Illinois Survival Act allows for the continuation of a deceased person’s legal claims. This means the victim would have had the right to seek compensation for losses endured prior to death, and this claim “survives” them and can be pursued by their estate. Essentially, the victim would have had a personal injury claim had they survived.

This particular action is aimed at recovering damages the victim could have claimed if they had lived, such as medical bills incurred from the time they were injured up to when they passed away. Any money recovered through a survival act goes to the victim’s estate. 

Financial Compensation Awarded in Wrongful Death Lawsuits

In an Illinois wrongful death lawsuit, financial compensation is awarded to help assuage the practical and personal impact of losing a loved one due to someone else’s mistakes. There’s no limit on how much compensation can be recovered in Chicago.

So what is a wrongful death case worth? The amounts often hinge on several factors, like the victim’s age, income at the time of death, potential future earnings, the specific circumstances of their death, and the non-economic impacts on surviving family members.

When you work with Rosenfeld Injury Lawyers, you have a team committed to securing justice and compensation that reflects the value of what has been lost. 

• We were able to secure a $1 million settlement for the family of a rear-seat passenger who was tragically killed when their vehicle was rear-ended. 
• In another case, we secured $4.5 million for the family of a woman who passed away due to negligence in a hospital setting after falling while trying to get to the bathroom, having unsuccessfully called for nurse assistance several times.
• Following a brutal assault resulting in death at a house party, we were able to secure $700 million for the family of the victim to compensate for their immeasurable loss and punish those responsible.
• In another case, we recovered $295 million after a drunk driving incident left two women dead and another critically injured.

Although no amount of money can ever truly compensate for the loss of a loved one, financial compensation can provide some measure of relief during this difficult time. 

Are Chicago Wrongful Death Attorneys Expensive?

Navigating a wrongful death lawsuit can be overwhelming, and the assumption of high legal costs often adds to this stress. However, when you choose Rosenfeld Injury Lawyers, you never face any financial costs upfront or out of your own pocket. 

We work on a contingency fee basis for all of our cases, which means we only get paid if we win or settle your case. Our payment is a percentage of the compensation you’re awarded, and if you don’t get paid, we don’t get paid.  

This arrangement ensures equal access to reputable legal representation without worrying about immediate attorney’s fees. 

The Time It Takes to Settle a Wrongful Death Lawsuit

Settlement of a wrongful death lawsuit can be a lengthy process, and there’s no one-size-fits-all timeline for when you might expect to see it resolved. 

The duration depends on various factors, such as the complexity of the case, how clear-cut liability is or if it’s contested, insurance coverage, and your lawyer’s competence. 

Ultimately, every case is unique and needs to be looked at individually to make this determination. Some cases could be resolved in a few months, while others could take a year or longer. 

Contact a Chicago Wrongful Death Lawyer Today!

If you believe that your loved one’s passing was due to a negligent party and you’re entitled to recover damages, let us stand by your side for both emotional support and legal guidance. Contact us today to speak with a Chicago wrongful death lawyer by calling (888) 424-5757 or reaching out to us online.

We also serve clients from Buffalo Grove, Chicago, Naperville, Springfield  and throughout Illinois.

Resources: [1] Illinois DOT, [2] Becker’s ASC Review, [3] BLS, [4] University of Illinois Chicago