When filing a wrongful death claim in Illinois, four elements must generally first be satisfied before a lawsuit can be filed:
- The victim died
- Another person’s negligence caused the victim’s death
- The victim’s surviving family members have suffered harm, including financial harm, by the victim’s death
- A personal representative
The steps to filing a wrongful death claim typically include:
Contact an Experienced Attorney
Often, the most crucial step to successfully pursuing a wrongful death claim is to hire an experienced and skilled lawyer, such as Michael J. Brennan. Your lawyer will generally discuss your legal options and handle your case while, in turn, allowing you to focus on recovering from the emotional pain of losing a loved one.
Investigation
After contacting an experienced lawyer like Michael, your lawyer may often begin by investigating the accident or events that led to your loved one’s death. This investigation may include gathering any relevant evidence, such as pictures of the scene of the accident and contact information for any witnesses, documentation such as any police reports or insurance claims filed after the accident.
Filing a Wrongful Death Lawsuit
Your lawyer will generally discuss your legal options and make sure that your wrongful death lawsuit is filed within the applicable statute of limitations.
Negotiating with the Insurance Company
Your attorney may also often negotiate with the other party’s insurance company to reach an acceptable settlement. Your attorney may make a settlement offer, which may then often be rejected while the insurer presents a counteroffer while each side debates the claim.
Trial
If the insurance company refuses to agree to your attorney’s settlement offers, your lawyer may then take your case to trial and present the evidence gathered during the investigation phase and during the lawsuit proving the other party’s liability for your loved one’s death as well as the financial and emotional impacts their death has had on you.
