Chicago Wrongful Death Attorney

There were 122,977 people who died in Illinois in 2022, according to data compiled by the Illinois Department of Public Health (IDPH). This includes 45,837 people who lost their lives in Cook County. Of those, 22,108 died in Chicago. Another 23,729 lost their lives in the Windy City’s suburbs, including Evanston, Stickney Township, Oak Park, and Skokie.

Additional data from the IDPH found that medical conditions like heart disease and cancer were the two most common causes of death. Accidents, including unintentional injuries, were the third most common cause of loss of life, accounting for 7,482 people. Assault (homicide) caused the death of 1,312 people in our state in 2022 alone.

In an ideal world, we’d all live long, happy lives without the worry of preventable diseases, personal injuries, and intentional crimes. Unfortunately, far too many people in our state die unnecessarily because of the negligent and often unlawful actions of others.

If you recently lost a loved one, Thomas Law Offices extends our sincerest condolences. We know that the sudden and unexpected loss of a family member is never easy, and we also know how much more difficult it can be when that death should have been preventable. That’s why we are proud to offer completely free case consultations to grieving families, where we can discuss your legal rights and the most effective ways to honor your loved one’s memory. Contact us now for help.

What Is a Wrongful Death?

The Illinois Wrongful Death Act, which is codified as 740 ILCS 180, spells out how this legal construct refers to instances where someone commits a negligent or wrongful act that results in another person’s death. That same statute also addresses some of the rights surviving family members have.

The Illinois Survival Act, which forms part of the Illinois Probate Act of 1975, 755 ILCS 5, specifies which family members are entitled to receive compensation after an Illinois resident’s death. It also details how much compensation they may qualify for.

Most Common Causes of Preventable Deaths in Chicago

A wrongful death lawsuit can typically be filed if an injury incident causes the preventable death of a victim. Some of the more common incidents or accidents that lead to the filing of this claim include:

Motor Vehicle Collisions

This category includes car accidents, motorcycle crashes, bicyclists and pedestrians being struck, and also truck wrecks. City of Chicago data shows that 90% of all traffic fatalities occurring in our area are attributable to reckless driving. That same data reveals that 70% of those fatal accidents are caused by speeding motorists. City data also shows that at least half of pedestrians who die are struck by SUVs or larger vehicles.

Dangerous Premises

If a property owner fails to maintain safe conditions, a serious accident could lead to a visitor’s death. For example, falls on wet floors or loose carpet can lead to catastrophic, life-threatening medical events, such as traumatic brain injuries. This type of accident falls under the umbrella of premises liability law.

Physical Violence

You may also be able to file a Chicago wrongful death lawsuit for an intentional act of harm, such as physical or sexual assault, that leads to a victim’s death. Families who have lost loves ones to stabbings, gun violence, and inadequate security may also be eligible to hold the at-fault party accountable for their actions.

Workplace Accidents

From auto accidents to poorly maintained machinery and workplace violence, every workplace has its risks. As a surviving family member of someone who lost their life while on the job, you may be entitled to more than death benefits through the Illinois workers’ compensation program. In some cases, you can also hold a negligent third party accountable for their actions through a wrongful death lawsuit.

Medical Malpractice

Health care provider negligence can be deadly. When a doctor misdiagnoses a patient, makes a surgical error, or ignores a patients concerns, the outcome can be disastrous. If you’ve lost a loved one to medical malpractice, your family has legal options to hold the at-fault party accountable for their actions.

Dangerous and Defective Products

Designers, manufacturers, marketers, and even retailers have an obligation to ensure that the items they make available to the public are safe for consumers. If a death results from using a product normally and as intended, it’s possible for that deceased individual’s family to recover compensation.

Nursing Home Abuse or Neglect

Our elders are among the most vulnerable members of our society, and yet they face some of the greatest risks when we entrust their care to others. Abuse and neglect are unfortunately far too common in nursing homes. Residents may face physical abuse such as hitting, or be left alone for long stretches of time despite being at high risk for falls. If a relative’s life was cut short while in the care of a nursing home facility, your family has the right to take legal action. Claims for nursing home abuse can also help protect current and future residents from enduring the same mistreatment.

Identifying Other Causes of Preventable Death

The above are just a few examples of situations that can lead to the filing of wrongful death claims in Chicago. There are countless other scenarios that, if they resulted in your loved one dying, may also allow you to take legal action. So, whether your close relative died because someone was negligent or intentionally engaged in wrongdoing as outlined above or in some other way.

It’s free to sit down with a Chicago wrongful death lawyer at our firm, so consider reaching out to us to have that conversation today.

Who Can Sue for Wrongful Death in Illinois?

The Illinois Wrongful Death Act outlines how a deceased individual’s personal representative is entitled to bring a wrongful death lawsuit. It should be noted that this appointee isn’t always necessarily someone who is also entitled to recover compensation.

Personal representatives in wrongful death cases often include surviving:

• Spouses
• Adult children
• Parents
• Other blood relatives

It’s important to point out that other potential beneficiaries and heirs may also be entitled to take legal action.

Proving a Cook County Wrongful Death Case

The plaintiff (the person filing the claim or case) has to prove fault in order to have a successful outcome. There are four elements of negligence a plaintiff must establish to prove their case, including:

• The defendant owed a duty of care: The person alleged to have caused your loved one’s death in Chicago must be shown to have had a responsibility to look out for the safety and welfare of others.
• There was a breach of that duty owed: The at-fault party violated their duty of care.
• You can establish causation: You must be able to prove that the breach of the duty of care caused or contributed to your loved one’s death.
• You sustained damages: You must be able to show that your loved one’s passing caused you and your loved ones to suffer damages.

Damages You Can Recover in a Wrongful Death Suit

Some of the compensation you’re eligible to recover by filing either a wrongful death claim include:

• Economic damages: This category includes costs like life-saving medical bills, lost wages, funeral costs, and lost future earnings and benefits.
• Noneconomic damages: Pain and suffering, loss of guidance, and loss of consortium.

What Is the Average Illinois Wrongful Death Settlement Amount?

Various factors impact how much cases settle for, including the following and many others:

• The age of the victim when they passed away
• How successful a person might have been in their career
• Medical bills and other expenses the decedent incurred prior to their death
• How much funeral and burial costs were
• The amount of insurance or assets the responsible parties have

Without knowing the exact details of your case, we cannot say with any certainty what your claim may be worth. When we file a wrongful death case in Chicago, we base the value of the claim on a variety of factors. Our expert team of attorneys rely on documents such as pay stubs, bills, and more to substantiate your claim.

Factors That Can Impact Your Ability To Secure a Settlement

While most surviving family members are eligible to receive a wrongful death settlement after someone close to them dies, there are certain factors that can make securing a settlement. These include:

Fault Determinations

Illinois has a modified comparative fault (51%) rule in place. You may be unable to secure any settlement offer out-of-court or at trial in your wrongful death case if the defendant is able to show that the decedent was 51% or more at fault for their fatal injuries.

Statute of Limitations

Our state generally gives a decedent’s personal representative two years from the date of their passing to file a wrongful death claim in Chicago. There are some exceptions to this rule, though, including:

• A decedent’s surviving minor child has two years following their 18th birthday to bring a wrongful death lawsuit in Cook County or another local Chicago-area jurisdiction.
• Illinois wrongful death claims listing government agencies as defendants must be filed within a year of the date that an individual died.
• The surviving loved ones of someone who died due to medical malpractice have two years to file suit after they become aware that their family member’s death was caused by an omission or negligence under our state’s discovery rule; however, the maximum time post-mortem for taking legal action overall is just four years.

How Can a Chicago Wrongful Death Lawyer Help You?

As someone who recently lost a member of your family, coming to terms with what happened can be a long journey. Weathering the cycle of grief can be equally challenging, and getting back on your financial feet after your household loses a breadwinner can seem impossible.

It can be difficult to handle your everyday responsibilities in light of your new life circumstances. There’s likely very little time for you to learn about the law and your rights and how to navigate the legal system. That’s where our wrongful death lawyers can help.

When you hire Thomas Law Offices, you can count on your attorney to assist you in the following ways:

• Serve as a resource regarding your rights: You can count on a death lawyer in Chicago to have a comprehensive understanding of the aforementioned laws and any others that apply to fatality cases and your right to secure a monetary award in Illinois. You can expect your legal counsel to be upfront in sharing this information with you and can count on them to answer any questions you may have about these statutes and any other inquiries you may have.
• Gather evidence and investigate your claim: While we want you to bring any items of evidentiary value to your initial case evaluation with our lawyers, it may not be enough to help us fully determine liability. Instead, we may need to collect additional evidence and consult with crash reconstructionists or other experts as part of our investigation to determine if you have a pursuable claim.
• Communicate and negotiate with insurance companies: You can count on our death attorneys in Chicago to take over often persistent and stressful communication with insurance adjusters (and self-insured defendants) on your behalf. Also, if and when it comes time to send a demand packet to them demanding a settlement or to field and counter any offers they may make, we’ll be by your side, too.
• Take your case to trial (if needed): While many wrongful death cases in Cook County settle outside of court, in the event a settlement amount offered by an insurer isn’t just and fair, we’re more than willing to take your case to trial and let a judge or jury render a verdict.

How Much Does It Cost To Hire a Wrongful Death Attorney in Chicago

We don’t believe cost should come in between you getting the legal help you need to hold those who harmed you or your family members accountable for their wrongful actions. This is why we take injury victims and their loved one’s cases on a contingency basis, meaning you don’t pay attorney’s fees to our office unless we secure a settlement for you. We’re hopeful that this takes some relief off your shoulders that may be holding you back from reaching out to us.

Reach Out to Thomas Law Offices for Help

Life after the unexpected death of a family member is never easy. While we know that there is nothing we can do to undo the irreplaceable loss you’re facing, we want to be part of your journey forward.

We’re prepared to hold the negligent party who caused your loved one’s death accountable to the fullest extent of Illinois law. It sends a message to them (and others) that wrongdoing isn’t acceptable and that your loved one’s life mattered. A Chicago wrongful death lawyer in our office can help you do that.

When you choose to work with an attorney from our firm, you’re getting much more than just their years of expertise and assistance. They’re backed by a whole team of other attorneys, paralegals, and others eager to contribute their resources and lend a helping hand to ensure you receive the best possible representation in your case.

To learn more about your legal rights, call or contact us online today. Let us help you pick up the pieces and begin to move on with your life.