Compassionate Illinois Wrongful Death Lawyers
Losing a loved one in a fatal accident due to negligence is an emotional and challenging experience. At Deratany & Kosner, our team is made up of experienced wrongful death lawyers here to provide unwavering support during these difficult times. With over 100 years of combined experience, our attorneys understand the pain and suffering you’re going through, and we are dedicated to fighting for justice for wrongful death victims. We serve and support clients not only in Chicago but also nationwide.
What Is A Wrongful Death?
A wrongful death happens when someone is negligent or engages in a type of misconduct, causing fatal injuries to another. The other party is either directly killed by this negligence or they pass away from accidental injuries that they suffer during the event. Either way, it is the negligent party who is responsible for that death, even though it may not have been intentional. In many ways, this is similar to a personal injury case, where negligence has led to severe injuries, with the difference simply being that the victim’s injuries were so significant that they passed away.
Much of the time, wrongful death happens after a negligent accident, such as a car accident. But it’s possible for wrongful death lawsuits to be brought against someone in addition to criminal charges. A criminal conviction is not even necessary. A common example is that former football player O.J. Simpson was charged with murder in 1994, but was ultimately found not guilty. Regardless of the criminal ruling, a civil court found him liable for wrongful death, requiring him to provide compensation to the family members.
Common Reasons For Wrongful Death
In any case where someone’s negligence leads to another person’s passing, there may be the potential for a wrongful death lawsuit. But some of the most common situations include:
- Motor vehicle accidents
- Medical malpractice
- Serious slip-and-fall accidents
- Workplace accidents, such as machine entanglement or a severe fall
- Premises liability cases, such as negligent security or safety systems in a hotel
- Aviation accidents
- Product liability cases
- Exposure to hazardous substances, such as asbestos
One other area to consider is if a death happens during a supervised activity. Even if a waiver was signed, if there is evidence of negligence by the supervisor or the company, it could still qualify as a wrongful death.
Car accidents are certainly the most common reason for wrongful death cases, as around 40,000 Americans pass away every year in fatal motor vehicle crashes. When looking at workplace accidents, the construction industry has the most fatalities annually – and the majority of them come from falls.
How To Prove Wrongful Death
There are two main steps to proving wrongful death. First, it must be shown that one party was negligent. They owed a duty of care to the other party and breached that duty. For example, a driver who runs a stop sign and causes a fatal accident had a duty to operate their vehicle safely and follow traffic laws, which they failed to do. While the act may not have been intentional, it was still negligent.
Next, it must be shown that the injuries from that car accident – or another negligent event – directly caused a death that otherwise would not have occurred. This is when it can be helpful to work with medical professionals. If someone has passed away, autopsy results may reveal the cause of death, such as blunt force trauma from the car accident. Medical specialists can also provide statements in complex cases, offering testimony on the extent of the injuries and their ramifications.
Car accidents are just one example of many, and the specifics of negligence or the cause of death will vary from case to case.
Damages That Can Be Recovered After A Wrongful Death
After someone passes away, there are many areas the family may consider when seeking compensation. Some of these include:
● Lost wages and lost future earnings: This is especially important when the deceased was the primary breadwinner for the family, leaving them without a source of income they were counting on for years or even decades to come.
● Medical bills: Even when someone passes away, there may be significant medical bills from emergency treatment, such as being airlifted from the crash scene.
● Funeral and burial costs: Families may suddenly face thousands of dollars in unexpected funeral and burial expenses after an untimely death.
● Loss of consortium: Spouses and children can sometimes claim a loss of consortium, which refers to the loss of a valuable relationship. For example, a spouse loses a loving companion and intimate partner, while children lose the guidance and support of a parent.
Every case is unique, and it’s essential to carefully consider all potential damages.
Relentless Litigators For Wrongful Death Cases
As relentless litigators and skilled medical malpractice attorneys, we take a comprehensive approach to analyzing every aspect of your wrongful death case. We leave no stone unturned to uncover the facts and build a solid legal case. We know that negligence can cause fatal accidents, and we are committed to holding those responsible accountable for their actions.
Winners Of Historic Verdicts
Our track record speaks volumes. We’re not just knowledgeable and assertive legal representation in Chicago; we have also supported clients across the nation. We take pride in our ability to secure justice for our clients and their families, and we bring that same level of dedication to every case we handle.
Frequently Asked Questions About Wrongful Death
Our clients often have similar questions about wrongful death claims. Here are a few we frequently hear:
How long does a wrongful death lawsuit take?
Wrongful death lawsuits can take anywhere from a few months to several years to settle. A lot of variable factors, such as the facts of the case, the ready availability of evidence in the case and the defendant’s willingness to offer a fair settlement, can all influence the timeline.
Who can file a wrongful death lawsuit in Illinois?
Under the Illinois Wrongful Death Act, the personal representative of the deceased must file the lawsuit. This is usually the executor of the deceased’s estate as named in their will. If no executor is named, the court can appoint a personal representative for this purpose.
How long do I have to file a wrongful death lawsuit in Illinois?
Generally, the statute of limitations for a wrongful death claim in Illinois is two years from the date of the victim’s death. However, some exceptions can either lengthen or shorten the period in which you have to file. Speaking with an experienced wrongful death attorney right away is the best way to preserve your rights.
Who can be held accountable for a wrongful death?
A wrongful death claim can be brought against any party who brought about the death of another human being through a “wrongful act, neglect or default.” Wrongful death claims are often brought in cases involving drunk drivers, medical malpractice, premises liability claims and violent attacks. In many cases, wrongful death claims will involve multiple defendants, all of whom share liability in some way for the victim’s death.
How can a Chicago wrongful death lawyer help with my claim?
A Chicago wrongful death lawyer can evaluate the facts of a situation, help you understand when a valid wrongful death claim exists, gather evidence to support your position and assess the value of the claim. Finally, your wrongful death attorney knows how to negotiate with the insurers to try to obtain a fair settlement – and how to navigate the case at trial if negotiations fail.
Putting Clients First
At Deratany & Kosner, our attorneys’ focus is on clients first. We understand that the aftermath of a wrongful death is a deeply emotional and challenging time. That’s why we provide personalized attention to every case, guiding you through the legal process and ensuring your voice is heard. We are driven by our passion for advocacy and justice, standing up for the rights of victims of negligence.
If you’ve lost a loved one due to negligence or a fatal accident, we are here to help. Contact us online or call 312-815-6231 to schedule a free consultation. We serve clients in Chicago and nationwide and are committed to seeking justice and compensation for your loss.