How To Sue For Wrongful Death In Chicago
If you have been the victim of wrongful death in Chicago, there are certain steps that you can take to hold the person or entity responsible accountable. wrongful death lawsuits are often complex and can take many months or even years to process, so it is important to have an experienced attorney on your side who can help you navigate through this process and maximize your chances of securing a successful outcome. Below, you will find a brief explanation of some of the most common types of wrongful death claims and how to file one.
What Is Wrongful Death?
The death of a loved one is an emotional and difficult time for any family to go through. In some cases, the death of a family member is the result of someone else’s negligence or misconduct. When this happens, the deceased’s family may be entitled to monetary compensation for their loss.
A wrongful death lawsuit is a type of civil action brought by the surviving family members of someone who has died because of someone else’s negligence, medical malpractice, or misconduct. Such lawsuits are typically brought against those responsible for causing the victim’s death, such as the individual or company driving the vehicle in which the accident occurred or the at-fault party in other accidents. This might include:
- the driver of a vehicle in a motor vehicle accident
- a physician whose medical negligence caused the patient’s death
- the owner of the property where an accident took place
- the owner of a dog that attacked and injured someone
- a property owner whose negligence resulted in someone being killed by a dangerous condition on the property.
Wrongful death cases can be very complicated and difficult to prosecute, so it is generally advisable to consult with a knowledgeable and experienced wrongful death lawyer at the outset of the case to ensure that it is properly handled.
Who Can File A Wrongful Death Claim In Chicago?
Under Illinois law, only certain individuals and entities have the right to bring a wrongful death lawsuit on behalf of the deceased person’s estate. Generally speaking, those who are eligible to file a wrongful death claim are the surviving spouse, children, and parents of the deceased individual. In addition, if a person dies without a will and is survived by a spouse, domestic partner, children, and parents, the spouse or domestic partner is the only person who may file a suit on behalf of the estate of the deceased person. If no relative survives the deceased and there are no surviving relatives entitled to inherit under the laws of intestacy, then any party who can establish legal standing to bring the suit may do so. For example, someone who witnessed the accident and was able to identify the responsible party could file a wrongful death claim if he or she was not one of the people listed above. Finally, if the decedent is not survived by any relatives, the personal representative of the estate can file a wrongful death action in the name of the estate.
What Types Of Damages Can Be Recovered In A Wrongful Death Claim?
Compensation for wrongful death claims is intended to cover the economic losses suffered by the surviving family members as a result of their loved one’s death. These may include the victim’s funeral expenses, lost wages, medical bills, and other financial losses related to the accident. In cases where the fatal accident was caused by a defendant’s reckless or intentional conduct, they may also be ordered to pay punitive damages, which are intended to punish the defendant and deter others from engaging in similar behavior in the future.
How to File A Wrongful Death Claim In Chicago
To file a wrongful death claim in Chicago, you will need to work with an experienced attorney who can help you navigate the complex legal process and minimize the amount of time you will spend dealing with this difficult situation. Many things can go wrong during a case like this, so it is in your best interests to work with someone who will make sure your rights are protected and help you maximize your chances of obtaining a fair settlement.
Once you retain an attorney to represent you, they will take over all aspects of your case so that you can focus on your family during this difficult time. They will handle the communication with the insurance company and negotiate on your behalf to protect your rights. They can also handle all of the paperwork and ensure that everything is done in a timely manner so that you can avoid lengthy delays that could jeopardize your eligibility to file a personal injury lawsuit.
It can be extremely difficult to deal with the loss of a loved one, especially if another person’s negligence or misconduct caused it. Fortunately, you may be able to recover compensation for your injuries by filing a wrongful death claim against the responsible party. To discuss your options in greater detail, please contact an experienced personal injury attorney today.