When Negligence Causes The Loss Of A Loved One
Losing a loved one is one of the most difficult experiences we can go through in life. When their death was the result of someone else’s negligent behavior or misconduct, that sorrow is accompanied by the painful realization that their passing was preventable.
At Berg & Berg, we understand that nothing can erase the pain of your loss. We commit to pursuing justice on your loved one’s behalf by holding the responsible party accountable. We help families throughout the Chicago area recover damages to cover pecuniary injuries such as the loss of support and potential inheritance as well as any associated medical and funeral expenses.
Knowledgeable Chicago Wrongful Death Attorneys Providing Guidance
A wrongful death suit can be filed for a number of reasons, including:
- A motor vehicle accident or plane crash resulting in the loss of human life
- Death resulting from exposure to unsafe work conditions
- Criminal behavior resulting in murder
- Medical malpractice that resulted in death
- Flawed product design or defective manufacturing of a product
Determining compensation in these cases can be complicated. Judges will take into account a variety of factors, including the age and health of the victim, as well as their potential earning capacity. They will also consider the circumstances of those left behind, particularly children who were dependent on them for financial support and parental guidance.
Who Is Eligible To File A Wrongful Death Lawsuit?
In Illinois, the decedent’s surviving spouse or adult children can file a wrongful death claim. If the deceased person does not have a surviving spouse or child, then their parents or siblings can. In either situation, the lawsuit will technically be filed under the name of the executor of the decedent’s estate.
Statute Of Limitations For A Wrongful Death Case In Illinois
The state has a strict deadline for filing a wrongful death lawsuit. You must file your claim within two years of the date of your loved one’s death. By missing this statute of limitations, you lose the right to seek compensation for your damages.
Explaining Illinois Wrongful Death Laws
Illinois has two major laws that regulate wrongful death cases. These include:
- The Illinois Wrongful Death Act: The widow, widower or next of kin of a deceased person can file a lawsuit to recover compensation for pecuniary damages if their loved one’s death was the result of a wrongful act or negligence.
- The Illinois Survival Act: Similarly, the Illinois Survival Act allows surviving relatives to establish an estate through which they can file a lawsuit and seek compensation for their damages.
These laws will affect your wrongful death claim in numerous ways. You can rely on our attorneys to explain the laws and your rights at every step.
Secure Compassionate And Experienced Legal Representation
At Berg & Berg, we are proud to carry on a tradition of legal excellence. We are committed to serving your needs with the same level of respect and compassion we would want for ourselves or our loved ones. When you turn to us for legal guidance, you can expect nothing less than our best effort to support your needs and guide you toward resolution.
If you feel you may have cause to file a wrongful death lawsuit, contact a member of our legal team today. Call 773-823-9000 or email us to schedule your free initial consultation. We will stand beside you and fight on your behalf each step of the way.