Wrongful death is a legal term defined as death that occurs due to the negligence of another person. Meaning, if the negligence or reckless conduct of another person or entity causes a person to die, loved ones and survivors of the deceased can file a wrongful death lawsuit to help them recover damages for their losses.
Comparative fault laws in Illinois allow family members and eligible parties to receive compensation from the at fault and responsible parties for the death of their loved ones. The requirement to receive compensation in Illinois is that the deceased is not more responsible for the accident than the defendant.
FILING A WRONGFUL DEATH CLAIM IN ILLINOIS
Before filing a wrongful death claim in Illinois, determine the exact financial damage that has occurred to the loved ones and survivors. This can be a difficult task.
There are many different ways that the deceased contributed to the financial situation and upkeep of the survivors. Such contributions can include future earnings, pension benefits, including other earnings that the deceased could have continued to earn if he had lived.
Determining these damages will require expert help to understand the kind of losses that family members and survivors have suffered, and will continue to suffer in the years ahead. Meaning, it is very important to calculate short-term economic loss and expected long-term economic implications of the death.
When all the factors have been decided, and damages established, survivors can proceed with the filing of a wrongful death lawsuit.
The insurance company will attempt to finish the case quickly by offering loved ones of the deceased a settlement. When the insurance company's settlement is not sufficient, survivors may have no other option but to pursue a wrongful death lawsuit in court.
Illinois personal injury lawyers firm are experienced wrongful death attorneys, with over 30 years of experience filing claims on behalf of clients throughout the state of Illinois.
After contacting us, we will immediately reach out to the insurance company within hours. Our skilled attorney negotiators will engage the insurance company and make sure that your rights are protected.
When negotiations breakdown, and if we do not reach a settlement that is favorable to you, we will not hesitate to take your case to trial.
We will aggressively try your case in court, using every legal tool available, such as discovery to reveal all evidence of negligence to help you recover more damages.
Call us today at (773) 609-4108 or fill out our online contact form for a free case evaluation today.