The Chicago wrongful death lawyers from Krzak Rundio Gorman, Injury Attorneys understand that filing a lawsuit against an individual, group, or corporation that caused your loved one to lose their life will not erase your grief, but it may provide answers, assist in bringing financial security, and bring closure to a family that is struggling to move forward. When negligence, carelessness, or wrongful actions cause a life to be lost, this is the time to fight back—to protect others from getting harmed in a similar manner.
When a family loses a loved one in a tragic accident or incident that could have been prevented, we call that death one that is ‘wrongful’. In the legal world, this is known as a wrongful death. In personal injury law, a family may be able to file a wrongful death lawsuit against a negligent individual, corporation, or group on behalf of their loved one if it can be proven that negligent actions or inaction directly led to or was a cause of the deceased individual’s passing.
These types of claims are civil lawsuits and can be filed in addition to any criminal charges that may already be taking place by the State of Illinois or the U.S. Government. In addition to getting answers and holding the wrongdoer accountable, a wrongful death lawsuit may let a grieving family receive financial compensation that can be used for the following:
- Funeral/burial expenses
- Final medical bills leading directly to the loved one’s passing
- Grief and sorrow
- Loss of companionship and consortium
- Loss of past wages
- Loss of projected future wages/earning capacity
Bringing a wrongful death action may may help a family find closure by getting answers as to why the individual or corporation was negligent as well as providing compensation and financial security for those who the deceased person left behind. Additionally, filing a civil lawsuit against a negligent driver who caused a car crash, for example, or a hospital that acted negligently, you can ensure that driver or hospital are held accountable and never make the same mistake again.
How is a Wrongful Death Claim Filed in Illinois?
In the state of Illinois, surviving spouses and children can directly file a wrongful death claim on behalf of a loved one they’ve lost. Unlike in many other states in the U.S., Illinois residents do not have to file a claim on behalf of their loved one’s estate. This means that any damages (compensation) received are not subject to being adjusted by the deceased family member’s creditors. Funds received can go directly toward the recovery and care of any next of kin or spouses.
Surviving family members have a period of up to two years to file a wrongful death claim against a guilty individual, corporation, or group (unless that individual or entity is a local public entity or other governmental entity, in which case the case must be filed in one year– There are some other exceptions and each case must be carefully examined to assure it is filed in a timely manner). This law is referred to as the statute of limitations. Most Illinois courts of law will not consider cases that aren’t filed within this period unless the circumstances are especially unique.
Wrongful death lawsuits in Chicago can potentially be filed for a death that follows these circumstances as well as others:
- Car accident
- Truck accident
- Train accident or other type of accident involving public transportation/mass transit
- Aviation accident
- Boating accident
- Bicycle accident
- Motorcycle accident
- A mistake made in a hospital or medical setting which can be defined as medical malpractice
How Can a Chicago Wrongful Death Lawyer Help My Family?
Wrongful death claims can be exceptionally complicated. To prove that your loved one’s death was indeed wrongful, you and your lawyer will need to provide solid evidence as well as find professionals and experts to provide testimony on your behalf. Accident recreation experts are often called on to determine the steps that led to the death as well as process what ideally “should” have happened had the negligent act or inaction not occurred.
Many lawyers and law firms in Chicago shy away from taking on complex wrongful death cases because they lack the necessary resources and expertise to fight for a client who’s filing a claim against a major insurance company, corporation, or institution. This is not the case for our wrongful death attorneys.
At Krzak Rundio Gorman, Injury Attorneys, our focus is on catastrophic accidents and tragedies. We have the resources and capabilities of handling difficult claims that go up against major organizations like hospitals, transportation agencies, trucking agencies, train companies, and major airlines.
We understand how corporations often try and settle insurance and injury matters for victims and their loved ones. Large insurance companies will often do everything in their power to cut corners to save themselves a few dollars. You may find yourself being offered a settlement amount that is completely unfair to you—and to your loved one who didn’t deserve to unnecessarily lose their life. We’re here to hold them accountable, get you the answers you deserve, and make sure you get the compensation funds you need to move forward.
To learn more, we encourage you to get in touch with our Chicago wrongful death lawyers today. We have the proven experience that your case—and loved one—deserve. Don’t settle for less when you don’t have to. Our lawyers will never charge you for your initial consultation.