Orland Park Wrongful Death Lawyer

Michael J. Brennan Injury & Accident Lawyer seeks justice for families who have lost a loved one in a tragic personal injury accident. We want to hold at-fault parties fully accountable for their mistakes and negligence and make sure those left behind have the support they’ll need for the future. We offer a free and confidential case consultation to all Orland Park and Cook County families. Contact us today to schedule a no-obligation case review with a real Orland Park lawyer.

Do I Need a Lawyer After Losing a Loved One in a Wrongful Death Accident?

If your loved one was taken from you in an accident caused by someone’s negligence, your family is empowered to seek financial support through a wrongful death claim.

However, wrongful death claims can be complex. Families aren’t awarded this support automatically, and an at-fault party’s insurance providers will fight hard to avoid having to accept liability for someone’s death.

Your family may have a better chance of holding an insurance company fully responsible for an act of carelessness with the help of a skilled Orland Park wrongful death lawyer. Your lawyer may also be able to substantially increase the support your family receives in a settlement agreement.

The Protection of an Orland Park Wrongful Death Attorney

Another factor to consider is that in wrongful death cases, the burden of proof will be on the family. They must prove that the at-fault party caused a loved one’s death in order to secure help with things like funeral costs and the lost income a loved one can no longer provide. Your Orland Park wrongful death lawyer fully investigates the fatal accident and the people who caused it. The evidence that’s secured helps prevent an insurance company from denying a family’s claim.

What’s more, if a business contributed to a fatal accident, such as a deadly shock caused by exposed wiring at a business, families may need to file a wrongful death claim against a nationwide company or store chain. Large corporations have teams of lawyers on standby. It’s wise to have an attorney on your side to make sure your family is treated fairly.

A wrongful death claim should be handled with as little disruption to grieving families as possible. MJB Law deals with frustrating insurance adjusters and corporate lawyers. We take action on behalf of devastated families so they can emerge with the support they need to protect themselves in the years ahead.

What Is a Wrongful Death Claim?

Indiana personal injury law allows families to hold anyone who contributed to a loved one’s death financially responsible through a wrongful death claim. It’s a civil claim and not a criminal case. A reckless driver who causes a deadly head-on crash on Route 6 can be liable if proven responsible for the collision. A dog owner who allows a dog to attack and kill someone could face a wrongful death claim.

A wrongful death claim is filed to seek compensation for the family’s losses in the years ahead due to the loss of a family member. This includes things like the emotional trauma a spouse and the victim’s children will suffer, funeral costs, and the loss of financial support the loved one would have contributed in future years.

The Five Elements Needed for a Wrongful Death Claim

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

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.

Survival Actions Along With Wrongful Death Claims

Wrongful death claims are often combined with Survival Actions. While a wrongful death claim demands reimbursement for the family’s losses, a survival claim seeks compensation for the victim’s losses experienced before death.

A survival action asks for compensation for several more factors beyond what a wrongful death claim might reimburse:

Totals on the medical bills accumulated before the victim passed on.
The value of the income and benefits the patient lost while unable to work before dying.
The physical pain the victim was put through before passing on.
The property damage caused by the accident, such as damage to the victim’s vehicle, a bike, a motorcycle, or personal belongings.

Common Accidents that Result in Wrongful Death Claims

Wrongful death claims can arise from a variety of different, tragic accidents that can occur anywhere we go during our days. They include:

For example, suppose patients are given too much of one medication and die 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 Orland Park.

Who Is Allowed to File a Wrongful Death Claim After an Orland Park Accident?

As explained in the Illinois Wrongful Death Act, a spouse or the adult children of the victim can file a wrongful death claim on behalf of the family. The parents of a minor child lost in a terrible accident could also file a claim.

Other relatives or individuals can only bring the claim if they were named as the deceased’s personal representative before their death or by the court after their death. If the deceased doesn’t have close living family members, their more distant relatives, such as aunts, uncles, nieces, or nephews, can file the claim instead.

An experienced MJB Law attorney can answer your questions about who should file a claim and who can earn support after a loved one’s death. If you will be filing, your lawyer makes sure critical legal deadlines are met and the proper paperwork is filled out correctly. A mistake during these important steps could cost the family a chance to secure support.

Compensation for Families After a Wrongful Death Accident

Nothing will ever replace the love of a family member taken all too soon in an accident, but seeking justice against a negligent party can bring a sense of closure to grieving loved ones.

A wrongful death claim is also financially necessary to make sure close relatives don’t face bankruptcy trying to pay the bills that follow a personal injury accident. A spouse and the victim’s children must seek support for the years to come when they’ll be without the guidance and financial support the deceased would have continued to provide.

Your representative from Michael J. Brennan Injury & Accident Lawyer will make sure a wrongful death claim includes every hardship you and your family have endured. This is critical to earning full support because any damage left out of your claim could end up as an expense you and your family would have to pay.

The compensation families will receive can depend on the age of the victim, the victim’s income, and the number of close relatives financially dependent on the victim.

Through a wrongful death claim and a survival action, families can demand support for these and other hardships:

Funeral expenses and burial costs.
Reimbursement for leftover medical bills and ambulance fees.
Support for the emotional trauma families must endure.
Loss of consortium. The loss of intimacy a spouse will experience.
The loss of protection and property upkeep now that a loved one is gone.
The loss of income the victim suffered while unable to work prior to death. An estimate of the income the victim would have earned through retirement.

Orland Park Wrongful Death Frequently Asked Questions

How long do I have to file a wrongful death claim in Illinois?

Families have two years from the date of the death to file a wrongful death claim caused by a personal injury accident. In the case of medical malpractice, the deadline may start when an injury that leads to death is discovered.

What if the Village of Orland Park or a State Government Department contributed to my loved one’s death?

You can sue a government entity over the loss of a loved one. Be aware that the deadline to file could be much shorter. In most cases, you’ll only have a year to file a wrongful death claim or lose your chance to secure support for your family.

What If I Can’t Afford to Pay a Wrongful Death Lawyer?

You won’t need to worry about lawyer fees when hiring MJB Law. We work on a contingency basis, which means we don’t get paid unless we win your case for your family. Then we are paid out of the settlement your family is awarded.

Contact an Orland Park Wrongful Death Lawyer

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 your family has a limited amount of time to act, so now is the time to contact an Orland Park wrongful death lawyer.

MJB Law provides a free case consultation to all families who have experienced the tragic loss of a loved one. This case review is confidential and there’s no obligation for you or your family. Your family should know how much they should be demanding from an insurance provider before an insurance company tries to limit what they receive.

Mr. Brennan is ready to ensure your family’s rights are respected, that your family is treated fairly and with compassion, and that justice is served.

Michael J. Brennan Accident & Injury Lawyer – Orland Park Office

16521 S 106th Ct
Orland Park, IL 60467
P: (708) 809-2211

Orland Park Wrongful Death Attorney