Former State's Attorney With Over 35 Years of Experience

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Chicago Wrongful Death Lawyer

Losing a family member is never easy. Whether their death was expected or not, you must process your grief while tending to their funeral arrangements and sorting out their estate. When a family member loses his or her life in an incident caused by someone else’s negligence or intentional act, there may be help available. You and your surviving family members deserve compensation for your profound loss and the expenses incurred from your loved one’s death. A compassionate Chicago wrongful death lawyer can help you pursue justice by negotiating a fair wrongful death settlement for your loved one’s claim.

 

The Five Elements in a Wrongful Death Claim

With the help of an experienced Chicago wrongful death attorney, you can establish the following five elements necessary for a claim for wrongful death claim:

  • The death of your loved one
  • The wrongful or negligent conduct of the at-fault party caused the death
  • The decedent could have pursued a personal injury claim for their losses if their death had not occurred
  • One or more living people, such as a spouse or children, suffered a loss as the result of the death
  • Recoverable damages for the decedent’s estate

When a death arises from negligence, these elements are typically present. Your attorney can help you establish each of them with evidence to prove your claim.

 

Examples of Wrongful Death Claims

Wrongful death claims can arise from a variety of different situations, such as:

For example, suppose a patient is given too much of one medication and dies as a result. Their death is caused by a doctor, nurse, or pharmacist. Maybe someone is in a car accident, and the airbag fails to inflate properly, causing their death. The auto or part manufacturer could be held liable for their death.

In these cases, if the patient suffered an injury but did not die, they could have pursued legal action. As such, a wrongful death claim can be filed on their behalf.

The patient’s spouse, children, and other family members now face living the rest of their lives without the deceased person’s financial, emotional, or social support. They must also handle burial expenses and any medical costs arising from the negligent mistake. These are just some of the damages that the decedent’s estate may be able to recover with the assistance of a wrongful death lawyer in Chicago.

 

Who Can File a Wrongful Death Claim?

As detailed in the Illinois Wrongful Death Act, the deceased person’s living spouse, parent (if the deceased was a minor child), or adult child has the legal right to file a wrongful death case upon their death. Other relatives or individuals can only bring the claim if they were named as the decedent’s personal representative before their death or by the court after their death. If the decedent doesn’t have close living family members, their more distant relatives, such as aunts, uncles, nieces, or nephews, can file the claim instead. By working with a knowledgeable Chicago wrongful death attorney, you can ensure that the appropriate party’s file a wrongful death claim.

 

Time Limits to File Wrongful Death Cases in Illinois

One of the most critical points for a deceased person’s family to know is that their rights to file a lawsuit and seek compensation for damages are limited. In Illinois, the deadline to file a wrongful death claim, also known as the statute of limitations, is only one year from the date of the death. Any potential wrongful death claims must be filed within that timeframe. If it is not, the family or representative of the decedent will likely not be able to recover the damages they deserve. 

Families that have lost a loved one due to another person’s negligent actions should consult a local attorney for information about how the statute of limitations will apply to their case. Don’t wait to seek the legal help you need. A year isn’t much time, especially when you are grieving the loss of a loved one. The sooner you reach out to an attorney, the better the chances you have of receiving full and fair compensation for your claim.

 

What is a Wrongful Death Claim Worth?

Wrongful death claims, like other personal injury claims, can vary in value. Many factors will determine how much the claim can be settled for or if it will need to be decided by a jury. These factors include:

  • The at-fault party and the limits of any applicable insurance policies they have
  • The types and amounts of damages suffered by your family members and the deceased estate
  • If there were multiple parties at-fault for the wrongful death
  • How soon you want to settle your claim
  • The strength of the evidence in the case
  • If the decedent contributed to their own death in any way

When you call our law firm for help, we can provide you with an estimate of what your claim might be worth. We then go to work to maximize your compensation in any way we can. Our proven track record of settlements for the family members in wrongful death claims shows how serious we take these claims and how hard we work to get our clients what they deserve. No amount of money can bring your loved one back but having a financial safety net and the ability to pay any related bills can help.

 

Call an Experienced Chicago Wrongful Death Attorney Today

If a family member is now gone from your life due to a car accident, medical error, premise liability accident, or other preventable cause, please accept our sincerest condolences. Keep in mind you have a limited amount of time to act, so now is the time to call a Chicago wrongful death lawyer. Your family could be entitled to monetary damages because of their death and its impact on your life. 

Reach out to an attorney at the Law Offices of Michael J. Brennan today for legal assistance. The sooner you reach out, the sooner you can pursue justice for your loved one and get the compensation you deserve. Call our office today at 708-894-1611 or contact us online to schedule your no-obligation wrongful death consultation. We are here for you during this difficult time and will take every necessary step to get you the compensation you deserve.

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