Do I Have an Illinois Wrongful Death Case?

 Posted on March 05, 2024 in Personal Injury

Wrongful death occurs when someone dies due to the negligence or recklessness of another individual. There are many different ways that wrongful deaths occur, and the loved ones of a victim of wrongful death are often stuck with traumatic emotions and extensive medical and funeral expenses. In many wrongful death cases, survivors of the victim may be eligible for compensation to cover these expenses. If you are wondering if you have a wrongful death case on your hands, an Illinois wrongful death attorney can provide you with further guidance.

When Can a Wrongful Death Lawsuit Be Filed?

The most important factor in a wrongful death lawsuit is the fact that the death occurred due to a negligent or wrongful act of another. This may be another individual, a public entity, or a corporation. Even if the negligent act was an accident, the responsible party may still be brought to justice.

Examples of potential wrongful death claims include:

• An individual’s drunk or reckless driving

• A workplace accident that occurs due to negligence or the recklessness of another

• Criminal acts, such as homicide and robbery, that result in a fatality

• Truck accidents caused by poorly manufactured parts, poorly maintained vehicles, dangerous driving, or unsecured loads 

It is important to note that wrongful death claims must be filed according to the Illinois Wrongful Death Act. Generally speaking, victims of a wrongful death have two years to bring a claim, although there are exceptions for criminal cases that take time to reach a conviction. An experienced lawyer can help you navigate this law as you pursue your claim against the individual, corporation, or public entity that contributed to your loved one’s wrongful death.

What Kind of Compensation Can I Get From a Wrongful Death Claim?

There is generally no limit to the type of compensation you can receive from a wrongful death claim, as you cannot put a price on the loss of a loved one’s life. The types of compensation you may be eligible for include the cost of medical expenses, funeral or burial expenses, pain and suffering, and the potential future earnings that a victim could have made.

Having a skilled wrongful death lawyer on your side during your case is essential, as the laws are complex, insurance companies are often reluctant to pay out fairly, and the last thing you may be able to do after losing a loved one is fight a case in court. Your lawyer will work to advocate for you and maximize the compensation received from your claim.

Contact a Will County, IL Wrongful Death Attorney

Wrongful deaths are a tragedy, and the family of the victim of a wrongful death is often left with significant expenses. Pursuing a wrongful death claim against the responsible party can help provide you with the compensation you need. A compassionate Joliet, IL wrongful death lawyer at McNamara Phelan McSteen, LLC can help you fight for compensation. Call 815-727-0100 for a free consultation.