Each year, thousands of Illinois families find themselves grappling with the loss of a loved one. For families left behind, these losses are more than statistics. They signify cherished lives, futures cut short, and dreams left unfulfilled.
The emotional weight of the loss is often compounded by an undeniable question: “Could this have been prevented?
When negligence, recklessness, or intentional harm is to blame, taking the steps to file a wrongful death claim may be necessary.
At Thomas Law Offices, we are here to assist during this time. We know the significance of this loss to you and the rest of your family. Allow our Chicago wrongful death lawyer to help you take legal action.
Wrongful Death in Chicago
The main focus of these types of claims is that the death could have been prevented. Wrongful deaths can happen in a wide range of scenarios, such as a young woman losing her life in a preventable car accident caused by a speeding driver or an older man succumbing to neglect in a nursing home where he should have been cared for and protected.
These examples highlight why Illinois law prioritizes holding negligent parties accountable. The goal is to provide compensation for grieving families and prevent similar tragedies in the future.
What does the law say about wrongful death in Illinois? These claims can arise when someone’s actions, or lack of action, cause another person’s death. This could involve negligence or intentional harm. Illinois’s Wrongful Death Act (740 ILCS 180) sets the stage for seeking justice in these cases.
Wrongful death claims are different from criminal charges. While a criminal case may address penalties like imprisonment, a wrongful death lawsuit focuses on compensating surviving family members for their losses.
In many cases, surviving family members can still find relief in the civil court system even if no criminal charges are filed.
Why Families Pursue Wrongful Death Claims
Filing a wrongful death lawsuit is about more than just financial compensation. For many families, it is a way to honor your loved one’s memory, seek accountability, and prevent others from experiencing the same devastating loss.
This process allows you to make sure your loved one’s story is heard and that those responsible are held accountable for their actions.
Honoring Your Loved One’s Memory
Losing someone you love due to someone else’s negligence or wrongful actions is heartbreaking. Pursuing a wrongful death claim can give you a chance to publicly honor their memory and the impact they had on your life.
This is more than just a legal case; it’s about making sure your loved one is not forgotten. Through this process, you can share their story, highlight what they meant to you, and ensure their life is valued and respected.
Preventing Future Tragedies
You may also be motivated by a desire to prevent others from going through what you’re facing. Filing a wrongful death claim sends a message: negligence and carelessness have consequences. Your actions can illuminate dangerous behaviors, unsafe practices, or failures that remain unchecked.
Holding the Responsible Parties Accountable
Filing a wrongful death claim is a way for you to demand accountability. Whether it is a distracted driver, a negligent healthcare provider, or a company that puts profits over safety, your case ensures they face the consequences of their actions.
Securing Your Family’s Financial Stability
During this time, you need to think about your family’s future. Losing a loved one often comes with unexpected financial burdens from medical bills and funeral expenses. Additionally, the loss of their income can quickly pile up.
Compensation can cover immediate costs and provide long-term care, especially if your dependents relied on your loved one for financial support.
Giving Your Loved One a Voice
When someone dies because of negligence, they lose the ability to advocate for themselves. By filing a wrongful death claim, you are stepping into that role. You’re making sure that your loved one’s story is told, their loss is acknowledged, and the injustice they suffered doesn’t go unnoticed.
Finding Closure
Taking legal action may not undo the pain of your loss. However, it can provide you with a sense of purpose and closure. Knowing that you’ve done everything you can to seek accountability for the loss of your loved one can bring a small measure of peace during an overwhelming time.
Pursuing a wrongful death claim is a personal decision. When you are ready to take that step, our Chicago wrongful death lawyer will help with the process.
Who Is Eligible to File a Claim in Illinois?
In Illinois, only the personal representative of the deceased individual’s estate can file a wrongful death claim. This may sound complicated, but it means that the person filing the lawsuit must have legal authority to act on behalf of the estate.
This personal representative is often named in the decedent’s will or estate plan. If no one was named, the court can appoint a representative, who, in most cases, is a close family member.
While the personal representative is responsible for filing the claim, the compensation supports the surviving family members impacted by the loss. This ensures that the people who depend on or share a close bond with the deceased receive the resources they deserve.
The following individuals may be beneficiaries of a wrongful death claim:
- The spouse
- Children
- Parents
- Siblings or other close relatives
What About Losses Before Death?
Along with a wrongful death claim, the Illinois Survival Act allows families to recover damages for the pain and suffering the deceased endured before their passing. This is a separate legal action. It focuses on the experiences and losses your loved one faced before they died.
For example, if your loved one was hospitalized for weeks or months due to someone else’s negligence, their estate may be entitled to recover compensation for:
- Medical bills and treatment costs
- Physical pain
- Emotional distress and trauma
This means you can be compensated for their death but also hold those parties accountable for the suffering they caused during your loved one’s final days.
Many families in Illinois are unsure of what comes next in these cases. The legal team at Thomas Law Offices guides the surviving members through the entire process.
Exploring the Causes of Wrongful Death
While every case has a unique set of circumstances, there are a few situations where families have the right to pursue a wrongful death claim:
Car Accidents
One of the most common wrongful death scenarios is when a fatal car crash occurs because of reckless behavior. Many times, this is in the form of drunk driving. When a driver is under the influence of alcohol, they can cause a deadly accident. Surviving family members may have grounds to file a wrongful death lawsuit against the intoxicated driver for their reckless actions that led to the death of their loved one.
Defective Products
Sometimes, the cause of death is a defective product, such as poorly designed, manufactured, or distributed items without proper safety precautions. An example of this would be a family losing a loved one to a defective car seat. If the seat failed to protect the child during a car accident because of a manufacturing flaw, the family may be able to pursue a wrongful death claim against the car seat manufacturer for putting a dangerous product on the market.
Nursing Home Neglect and Abuse
Many families trust that their elderly loved ones will receive compassionate and competent care when they enter a nursing home. Unfortunately, there are instances where neglect or abuse leads to preventable deaths. A common situation involves bedsores. They can develop when patients are not properly repositioned or cared for in a facility. If an older adult develops an untreated bedsore that becomes infected and leads to their death, this could be grounds for a wrongful death lawsuit.
Medical Malpractice
When healthcare professionals make errors that lead to the patient’s death, they need to be held liable. Misdiagnosis is an example of medical malpractice. If a doctor fails to diagnose a serious illness, such as cancer, in its early stages when treatment could have saved the patient’s life, the family may file a wrongful death lawsuit. In these cases, the medical professional’s failure to properly diagnose or treat the patient led directly to the patient’s death.
Fatal Workplace Accidents
Workplace accidents can also be a major source of wrongful deaths, especially in high-risk industries. For instance, a construction worker who falls from an unsecured scaffold may die due to the construction company’s negligence in failing to follow safety regulations. In these situations, the surviving family members may file a wrongful death claim against the employer for failing to provide a safe working environment.
Violent Act Fatalities
Intentional harm, such as homicides or violent attacks, can also lead to wrongful death claims. If the victim is killed in the process of a violent crime, their family may seek justice not only through criminal prosecution but also through a wrongful death lawsuit to hold the perpetrator financially accountable for their actions.
Domestic violence is another form of violence that can lead to wrongful death. If a person is killed as a result of a violent act, such as a sexual assault, within their home or family, the surviving relatives may pursue legal action for the emotional and financial toll caused by the death.
Deaths Due to Negligence
Finally, some wrongful deaths occur in public spaces where negligence or hazardous conditions go unaddressed. For example, if a person falls down a poorly maintained staircase at a public building, they may suffer fatal injuries.
Also, an individual might be killed due to a slip and fall accident on an unmarked wet floor or because of inadequate lighting in a parking lot, making it difficult to see potential dangers.
These public negligence cases can lead to wrongful death claims against the property owner or manager for failing to maintain a safe environment.
Recovering Compensation in These Claims
A wrongful death lawsuit can provide two main types of compensation:
- Economic damages include medical bills, lost income, funeral expenses, and the cost of future financial support.
- Non-economic damages, including loss of companionship, emotional suffering, and the loss of guidance and mentorship provided by the deceased.
The value of a wrongful death case depends on many factors, including:
- The decedent’s age
- Earning potential
- Severity of the defendant’s negligence
While no amount of money can ever replace a loved one, securing financial compensation can help families rebuild and find stability.
If you’ve lost a loved one due to someone else’s negligence or wrongdoing, taking legal action may be the right path in your situation. These claims can help bring closure and make those parties accountable for their negligent actions.
Chicago Wrongful Death Lawyer Overcomes the Challenges
There are many obstacles that families can face when filing a wrongful death claim. One issue is proving that the defendant acted negligently or intentionally and that these actions directly caused the death. For example, in a medical malpractice case, an attorney may need to demonstrate that a healthcare provider failed to meet the accepted standard of care.
Many families face problems when dealing with insurance companies. Insurance adjusters are trained to minimize payouts, and they may offer settlements far lower than the true value of the claim. Without the guidance of an experienced wrongful death lawyer, a family might accept an inadequate offer.
In Illinois, wrongful death claims must be filed within two years of the deceased’s death, as per the statute of limitations. Missing this deadline can bar you from filing a claim.
Another consideration is the Illinois modified comparative fault rule. This rule states that if the deceased is found to be more than 50% responsible for their death, their family cannot recover damages.
At Thomas Law Offices, we offer dedicated support during the wrongful death process. Here are a few ways that we can assist with your claim:
- Our experienced attorneys understand wrongful death law and will thoroughly investigate your claim. We will gather evidence and expert testimony to build a strong case for your claim.
- We will work with experts to establish how the defendant’s negligence or intentional actions directly led to your loved one’s death. With that, you have a strong argument for compensation.
- We fight for fair compensation to cover medical expenses, funeral costs, lost wages, and pain and suffering, ensuring your family receives the financial support it deserves.
- We negotiate with insurance companies and work to secure a fair settlement for you. This allows you to avoid lowball offers and ensures your family receives full compensation.
- We stay on top of all legal deadlines, making sure your case is filed on time, and your rights are protected without unnecessary delays.
Our team is committed to holding the responsible parties accountable for their actions, not just seeking financial compensation but pushing for accountability to prevent future harm.
The challenges of a wrongful death claim are significant, but with the help of an experienced Chicago wrongful death lawyer, you can face these obstacles with confidence. From proving negligence to negotiating settlements, your lawyer will handle all aspects of your case.
At Thomas Law Offices, our compassionate approach makes sure that you’ll never feel alone in this journey. We work to provide answers and deliver results that honor your loved one’s memory.
Taking the First Step with Thomas Law Offices
While no legal action can bring back a loved one, pursuing a wrongful death claim can provide a sense of closure.
If you’re ready to take the first step toward seeking accountability for the death of your loved one, contact Thomas Law Offices today. We can work to honor your loved one’s memory and secure a brighter future for your family.
Our legal team offers a free consultation to help you understand your legal rights and explore your options. Find out how our Chicago wrongful death lawyer can help with your potential claim today.
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