If your loved one died due to someone else’s negligence, you can file a wrongful death claim to receive financial support for your loss. While no amount of money can help you get your family member back, you can recover money to help with things like burial expenses and to hold the responsible party accountable.
The Peoria wrongful death lawyers at Rosenfeld Injury Lawyers have helped recover millions of dollars in settlements for our clients. Read on to learn more about the process of filing a claim, the statute of limitations, and the kind of compensation you can expect.
What Constitutes Wrongful Death in Peoria, Illinois?
Under Illinois law, a wrongful death is a death caused by the negligence or “wrongful actions” of others. Essentially, any situation in which a person causes the death of another through their actions may qualify for a wrongful death lawsuit, with a few possible exceptions.
Most claims are filed by the family or legal guardians of the deceased as a means of seeking compensation for damages and of holding the at-fault party responsible in a civil court as opposed to a criminal court.
In many cases, there can be a criminal case against the same person or organization at the same time for the same incident, although the criminal and civil cases are completely separate from each other.
This is why a case involving a drunk driving accident that kills the victim will see the at-fault party charged with drunk driving–related crimes in criminal court while also facing a wrongful death and other claims in civil court at the same time.
Common Causes of Wrongful Death Cases
Common examples of causes of wrongful death lawsuits are as follows:
- Car accidents
- Reckless driving
- Drunk drivingÂ
- Workplace accidents
- Medical malpractice
- Defective productsÂ
- Slip-and-fall injuries resulting in death
- Criminal activity
Why Choose Rosenfeld Injury Lawyers for Your Wrongful Death Claim
The process of filing wrongful death claims after your loved one dies in an accident is overwhelming. Not only did you just lose an important family member, but you also need to take so many steps to file a wrongful death claim under Illinois law.Â
Having an attorney from Rosenfeld Injury Lawyers helps give you more time to focus on grieving your loved one while we worry about the rest. We can build a strong and accurate case to recover maximum compensation on behalf of your family.Â
Who Can File a Wrongful Death Claim in Peoria, IL
In Illinois, the personal representative of the deceased’s estate files wrongful death claims. In most cases, this is the lawyer or attorney acting on behalf of the family of the person who died. The only people who can collect damages from these claims are the surviving spouse, children, or other family members with direct connections to the victim.
For example, a man dies after being hit by a drunk driver. His surviving spouse and two children could hire a Peoria wrongful death lawyer and pursue a claim. Alternatively, if he was unmarried, but his mother lived with him as a dependent, she may be able to file a claim since her son was her caretaker.
Steps to Take If You Suspect Wrongful Death
If you suspect that the death of a loved one qualifies for a wrongful death claim, there are certain steps that you can take with the help of Peoria personal injury attorneys.
Contact a Personal Injury Lawyer
Start by contacting a lawyer who can investigate and file your claim. Choose a lawyer who specifically focuses on this area since their expertise can be a major factor in how effectively they build a case.
Help the Lawyer Investigate
Provide your Peoria wrongful death attorney with all of the information that they need, and help them investigate further as needed. Your lawyer will do the investigation to build your case and may ask for your help from time to time to clarify specific details.
Help your attorney as needed while they build your case so that they can file it, or wait for your Illinois wrongful death lawyer to finish and advise you on what to do next.
Who Can Be Liable for Wrongful Death Claims in Peoria, IL?
The circumstances surrounding your loved one’s death will have an impact on who the responsible party is and who surviving family members can file a civil lawsuit against for the untimely death of their family member. Some common parties you can pursue compensation from include the following:
- Healthcare workers
- Drivers responsible for the car accidentÂ
- Government agencies
- EmployeesÂ
- Companies
Proving Negligence in a Wrongful Death Case
To successfully file a wrongful death lawsuit, your wrongful death attorneys will need to prove that someone else’s negligence caused the accident that caused your loved one to die. Generally, your Illinois wrongful death attorney must show that the at-fault party
- owed the deceased person a duty of care;
- breached that duty;Â
- caused the deceased person to die; and
- created financial losses for the victim’s party, even if they were just burial costs.Â
Get started with your claim today
Damages Our Peoria Wrongful Death Attorneys Can Help You Recover
Wrongful death damages are slightly different from what you can recover in a personal injury claim. The types and amount of compensation you can claim on behalf of your loved one will depend on the nature of what happened and who files the wrongful death action.
Compensatory Damages
Compensatory damages are related to direct expenses from your loved one’s passing. Common compensatory damages in wrongful death claims include the following:
- Burial expenses
- Future earnings lossÂ
- Your loved one’s medical billsÂ
Non-Economic Damages
This type of monetary compensation does not directly relate to tangible losses but is based on court calculations for intangible losses, such as the following:
- Pain and sufferingÂ
- Emotional pain
- Loss of society
- Loss of companionship
- Loss of financial support
Punitive Damages
A judge assesses punitive damages to punish the person or entity responsible for the actions that led to the wrongful death litigation. These damages are meant to dissuade the negligent party and others from acting in the same manner again.
Most wrongful death cases do not receive punitive damages. However, when it is assessed, it can contribute a substantial amount to your overall settlement.
How Much Is Your Peoria Wrongful Death Claim Worth?
It is not possible to tell you exactly how much you can expect from a wrongful death lawsuit in compensation. Every case filed is slightly different, and these differences can change how much compensation you receive.
However, our Peoria wrongful death attorneys can give you an idea of how much you might receive, by exploring cases that we won for clients in similar situations. For example, medical malpractice cases may qualify for wrongful death claims—and in one such case where the victim died, we recovered $8.5 million for their family.
You Have Limited Time to File a Wrongful Death Lawsuit in Peoria, Illinois
If you think that your situation may qualify for a wrongful death claim, it is important that you contact a lawyer as soon as possible. The statute of limitations sets a timeframe for when lawsuits can be filed and when they expire. In Illinois, you have two years from the date of the incident to file wrongful death litigation with the courts.
If you miss the deadline even by a day, you lose the ability to file your lawsuit at all. Don’t miss your opportunity to hold the other party legally liable; contact Peoria’s wrongful death lawyers as soon as possible. Otherwise, you will not be able to recover the damages that your family deserves.
Contact a Peoria Wrongful Death Attorney Today!
The immediate aftermath of losing a loved one can be the hardest time of your life. Hiring a wrongful death lawyer can help you with many of the legal aspects of this situation. The legal team at Rosenfeld Injury Lawyers can help you with a wrongful death case.
Contact Rosenfeld Injury Lawyers for a free consultation with a Peoria wrongful death attorney by filling out our contact form or calling toll-free at (888) 424-5757. A member of our team is available 24/7 for phone calls to discuss your legal options.