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THE ILLINOIS HAMMER
Chicago Wrongful Death Lawyer
Losing a family member because of someone else’s negligence is difficult. You may feel devastated, angry, and confused all at once. If you’re considering making a wrongful death claim, it’s important to find a lawyer who understands what you’re going through and will fight tenaciously to hold those responsible accountable.
The caring Chicago wrongful death lawyers with The Illinois Hammer Injury Attorneys can help guide you through every step of the process, allowing you to focus on your family while you pursue justice for your loved one. If you have questions, please contact us online or call 888-742-6637 today for a free claim consultation.
Choosing the Right Wrongful Death Lawyer in Chicago
The Illinois Hammer Injury Attorneys have spent over 30 years hammering insurance companies, winning 97 percent of our personal injury cases and building a track record of substantial results. We’ll do whatever it takes and work as hard as necessary to win our clients the compensation they deserve.
However, what really sets us apart is our holistic approach to legal representation. We never stop looking out for our clients and do anything we can to lessen their worries. If you need medical assistance, we’ll help you find a doctor. If you need emergency funds while we handle your case, we can help you secure a loan within 24 hours.
We know losing a family member can be a huge financial blow. That’s why we work on a contingency fee basis, meaning our clients don’t owe us anything unless we recover compensation for them. We also offer a 30-day satisfaction guarantee, so clients can freely take their case elsewhere if they’re unhappy with our representation.
“My experience with The Illinois Hammer Injury Attorneys was amazing; they count on the most caring, dedicated, and knowledgeable staff. They all took part in helping me after one of the most horrific accidents in my life occurred and made sure I felt heard and understood; they pushed for the best and made sure I received nothing less. Thank you to your team and support on this difficult time”
– K.P.
Chicago Wrongful Death Laws To Know Before Filing
The Illinois Wrongful Death Act allows the personal representatives of someone who has died from another’s negligence to sue that party and recover compensation for the damages sustained by certain surviving family members. In essence, a wrongful death claim compensates the surviving family for their losses stemming from the death.
The Illinois Survival Act also allows the deceased’s estate to pursue various civil claims, including personal injury actions, that the deceased would have been entitled to pursue had they survived. A survival action allows the estate to recover compensation for the deceased’s losses. Thus, such claims allow families to potentially receive damages owed to their loved ones before their death.
Gov. J.B. Pritzker signed a law in 2023 amending the Illinois Wrongful Death Act and the Survival Act to allow estates to seek punitive damages in wrongful death or surviving injury claims. These damages act as a penalty in cases involving intentional harm or severe negligence and can be worth up to three times any economic damages awarded to the claimant.
What Compensation Can You Receive For a Wrongful Death Claim in Chicago?
Families can file a wrongful death claim to recover damages related to their loved one’s passing. The Wrongful Death Act specifically allows the deceased’s surviving spouse and next of kin to recover compensation for their “pecuniary injuries” resulting from the wrongful death. The Act specifically mentions grief, sorrow, and mental suffering as damages recoverable by the family. The courts have interpreted that term to include losses like money, benefits, and society.
Filing a claim under the Survival Act enables the deceased’s estate to pursue various economic and non-economic damages depending on the nature of the claim itself. For example, if the claimant died as a result of injuries caused by a car crash, their estate could pursue damages for lost wages, pain and suffering, medical expenses, and other harms they experienced between the accident and their death.
The decedent’s personal representative will often bring concurrent claims under both the Wrongful Death and the Survival Acts. Our skilled attorneys can help you navigate this complex area of the law and pursue the maximum compensation available under the law.
Who Is Liable in a Wrongful Death Lawsuit?
While every wrongful death case is different, the chiefly liable party is typically the person or entity whose negligence caused the death. For instance, in a motor vehicle crash, the driver responsible for the accident is at fault for the wrongful death.
If a dog bite incident turns deadly, the dog’s owner is responsible for its aggression. Illinois nursing homes are accountable for injuries caused by their employees, making them the main party liable for any deaths resulting from staff neglect or abuse.
Slip and fall accidents fall under premises liability, which means the property’s owner or the party in charge of maintaining the premises might be liable for injuries caused by unsafe conditions. If someone dies from a foreseeable criminal act at a property, the property owner could be liable for providing inadequate security.
What To Expect From the Wrongful Death Claim Process
Finding a knowledgeable attorney should be your first move when navigating the complicated process of bringing a wrongful death claim in Illinois. The experienced Chicago wrongful death lawyers at The Illinois Hammer Injury Attorneys can help walk you through each step of the claims process. We can handle any paperwork or legal complexities involved, giving you time and space to focus on your family and properly grieve your loss.
After you’ve found representation, your lawyer will begin investigating your claims and gathering evidence to build a strong case. Once they are confident they have enough to prevail, they’ll formally notify the other party and their insurers of your claims.
From there, your attorney will attempt to negotiate a settlement with the opposing parties. If they refuse to agree to a fair deal that provides full compensation for your family’s losses, your lawyer will file a lawsuit and take the case to court.
Whether it’s in a boardroom or a courtroom, we’ll hammer away until you get paid what you deserve.
How Much Time Do I Have to File a Wrongful Death Lawsuit in Chicago?
Illinois’ wrongful death statute of limitations imposes a two-year deadline for filing a claim. Claimants must file suit within two years of the deceased’s death. However, the law extends the deadline for deaths caused by “violent intentional conduct.” If the wrongful death results from murder or other violent crime, the personal representative has five years from the date of death or a year after the conclusion of a criminal case if charges are filed against the responsible party.
Wrongful Death Frequently Asked Questions
Here are some common questions we receive from potential clients about wrongful death cases.
What Is Considered a Wrongful Death?
Illinois law defines a wrongful death as one that results from another’s negligence, recklessness, or intentional misconduct that would have entitled the victim to pursue a personal injury claim had they survived. A wrongful death claim is a civil action, not a criminal case. Thus, you can pursue a wrongful death claim against someone charged with murder or another violent crime over the same incident.
Examples of wrongful deaths include:
- A motorist runs a red light at an intersection and strikes another car, killing the other driver.
- A store fails to properly warn customers of a wet floor, leading to a slip and fall incident in which the victim dies from their injuries.
- A motel is aware of criminal activity at or near its property but fails to provide adequate security, resulting in a guest’s death from a stray bullet.
Who Can File a Wrongful Death Lawsuit?
Suits under the Wrongful Death Act and the Survival Act must be filed by the deceased’s personal representative. This party is typically the executor or administrator of the deceased’s estate. Wrongful death claims are filed on behalf of the deceased’s family, and survival actions are filed on behalf of their estate.
What Happens If There Are Multiple Liable Parties?
In cases where more than one party is at fault for a loved one’s death, a trusted Chicago wrongful death lawyer can help you navigate the process of bringing accountability to all those responsible.
Illinois operates under a modified comparative negligence standard. Thus, if the deceased was partially to blame for the accident that caused their death, the recoverable compensation would be reduced in proportion to their share of the fault. If they were more than 50 percent responsible for the accident, their family could not recover any damages.
However, Illinois has a joint and several liability law that makes these claims even more complex when multiple parties are involved. Joint and several liability is a legal concept under which each defendant found liable for an accident is responsible for the entire amount of the damages. This means you can collect the full judgment from a single defendant.
In Illinois, all responsible defendants are jointly and severally liable for the deceased’s medical expenses. However, only those who are 25 percent or more at fault are jointly and severally liable for all of the other damages. Instead, they are only liable for their portion of the damages.
Is It Hard To Prove a Wrongful Death Case in Chicago?
It can be tricky to demonstrate fault in a wrongful death case, but it’s possible to build a strong claim with the right evidence.
To prove the other party’s negligence caused the death of your loved one, you will need to establish four elements:
- The other party had a duty to the deceased, such as a driver’s duty to obey traffic laws.
- The other party breached that duty, for example, a truck driver failing to operate a semi-truck responsibly.
- The other party’s breach of duty was a cause of the victim’s death, such as when a fatal slip and fall occurs because of inadequate warnings.
- The victim’s death resulted in damages that their family or estate is now entitled to recover.
Should I Take the Insurance Company’s Offer?
As tempting as it may be to take guaranteed money and resolve the situation early, you should not accept an early settlement offer from an insurance company without consulting a Chicago wrongful death attorney first.
Insurers aren’t going to act in your best interest when making an offer like that. Instead, they’ll be aiming to protect themselves and their profits. They will offer you much less than you deserve, hoping they can convince you to help them save time and money at your expense.
We’re passionate about protecting our clients from lowball offers. Our tenacious wrongful death lawyers will hammer the insurance companies until they agree to pay you a sum that actually reflects the suffering you’ve endured, and you won’t pay us anything unless they do.
How Long Will a Wrongful Death Claim Take?
There is no fixed timeline for a wrongful death claim. Some cases might only take a few months to resolve, especially if there’s direct proof establishing the other party’s negligence. However, others might take years, especially if an insurance company refuses to agree to a fair settlement, forcing the case into trial.
Regardless, investigating and building a viable claim will take time and diligent effort. A Chicago wrongful death attorney can shoulder the burden of litigating your case, allowing you to focus on healing and moving forward.
Let Our Trusted Wrongful Death Attorneys Fight for Your Rightful Compensation
If you’ve lost a loved one because of someone else’s negligence, recklessness, or wrongdoing, you’re going to want a lawyer who is as passionate as you are about holding them accountable. We’ll fight relentlessly to get you the compensation, peace of mind, and justice you deserve.
Call The Illinois Hammer Injury Attorneys today at 888-742-6637 for a free case consultation.
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