While death is inevitable, it is not an easy thing to witness. If the death of a loved one could have been prevented, and it was not, the families left behind are filled with heartache and more questions than answers. While they cannot bring back the deceased, they can get closure and compensation for their loss by filing a wrongful death lawsuit against the guilty party.
According to Illinois law, a wrongful death is when an individual dies because of another’s negligence or due to a malicious act. This includes medical malpractice, car accidents, boating accidents, property liabilities etc. Before filing a wrongful death lawsuit, you need to determine whether your claim fits this definition. If it does, you have to collect evidence that proves your claim. You must prove:
According to the statute of limitations, you have two (2) years from the death of the deceased to file a wrongful death claim. There are some exceptions for criminal acts and minors but delaying the process will not be in your best interest. You should start legal proceedings as soon as possible to ensure you don’t miss critical deadlines.
These limitations act as gatekeepers. If you fail to file your claim within two (2) years or within the required deadline, the court will not allow you to continue to trial. Therefore, it is crucial you speak to an attorney soon after the preventable death of a loved one and file your lawsuit.
That way, you can determine whether you have a case or not and if you do, when you should file it to ensure you don’t miss the deadline. Experienced attorneys will be able to provide answers you are looking for and will also give you a timeline to complete crucial tasks for a successful trial.
Wrongful death cases in Illinois encompass a wide range of tragic incidents, including medical malpractice, workplace accidents, and motor vehicle collisions. These legal claims serve a critical purpose: they aim to provide financial compensation to grieving families who have lost loved ones due to the negligence or misconduct of others. By understanding the current statistics and trends, individuals can better recognize these issues and advocate for essential safety improvements.
Each year, Illinois witnesses a considerable number of wrongful death claims, highlighting the pervasive nature of this serious issue. These claims arise from various heartbreaking circumstances, including fatal car accidents, dangerous workplace conditions, malfunctioning machinery, criminal acts such as homicide, and egregious instances of medical malpractice. While pursuing justice through legal action cannot bring back a lost loved one, it can significantly alleviate the financial burdens faced by survivors and hold the responsible parties accountable for their actions.
Several key factors contribute to the prevalence of wrongful death cases in Illinois:
Motor Vehicle Accidents – Tragically, fatal car accidents remain one of the leading causes of wrongful death lawsuits in the state. Reckless driving, distracted driving, and impaired driving often lead to devastating collisions.
Medical Malpractice – The healthcare industry is not without its flaws. Instances of misdiagnosis, surgical errors, and improper treatment can have catastrophic and fatal consequences for patients who place their trust in medical professionals.
Workplace Accidents – In high-risk industries, such as construction and manufacturing, workers often face dangerous conditions that can lead to life-altering injuries or fatalities. Lack of safety measures and oversight can exacerbate these risks.
Defective Products – Product liability cases arise when malfunctioning equipment or unsafe consumer products result in serious injuries or death. Consumers depend on manufacturers to ensure their products are safe and reliable.
The financial compensation awarded in wrongful death settlements in Illinois can vary dramatically based on the individual circumstances surrounding each case. Some notable settlements that have garnered attention include:
These settlements are crucial in helping cover inevitable expenses, including medical bills, lost wages, funeral costs, and the immense emotional suffering endured by surviving family members.
In an effort to reduce the occurrence of wrongful deaths, Illinois has implemented several proactive measures aimed at enhancing safety and accountability:
The Law Firm of Robert T. Edens has been fighting for the rights of families that have lost ones to neglect and malicious acts for close to 20 years. Please do not hesitate to act and get in touch with us for a consultation today at 847-395-2200. We will assign a team of legal professionals who can protect your family’s rights and ensure you receive the compensation you deserve.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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