Wrongful Death Lawyer in Chicago
Accidents can result in severe injuries, trauma and even death. A wrongful death occurs from the negligence or careless actions of someone else.
There is no pain comparable to losing a loved one. The unimaginable sense of loss becomes even more painful when you know that someone else’s carelessness caused the tragedy.
In the aftermath of your loved one’s death, taking legal action may not be on the top of your mind. But pursuing a wrongful death claim may just be key to your true healing. While no amount of compensation can bring back the precious life lost, a monetary award can provide much-needed relief for the financial burdens you’ve had to face. More than that, a successful claim can bring you a sense of justice, which is an important element in moving forward.
Let Willens Law Offices handle your wrongful death case. Individuals and families throughout Chicagoland trust our law firm not only for our effective representation but also for the compassionate service we provide during such a difficult time. We are ready to listen and provide legal help anytime. Talk to us with a free consultation.
What Is Wrongful Death?
When the death of a person results from the negligent or unintentional behavior of another party, it is considered a wrongful death. The legal survivors of the deceased then have the right to file a wrongful death claim or bring up a wrongful death lawsuit against the at-fault party. These are some examples of incidents that lead to wrongful death cases:
- Car collisions, motorcycle crashes, truck wrecks, and other traffic accidents
- Medical malpractice
- Slips and falls at someone’s unsafe property
- Injuries caused by malfunctioning or defective products
- Injuries and illnesses at negligent nursing homes
- Construction site accidents
- Work-related injuries
I find Matt to be a very hard worker, incredibly bright and the type of person that when someone gives him a problem, it is no longer theirs – it is his.
– M.H. a defense attorney
All too common, these unfortunate incidents produce catastrophic injuries before the devastating death. Such injuries include traumatic brain injury, spinal cord injury, and organ damage or organ failure.
For a successful wrongful death lawsuit, you must establish four crucial elements:
- That someone has died
- That the death was caused by someone else’s negligence
- That the death resulted in suffering for surviving family members
- That there is an appointed representative for the deceased person’s estate (whether appointed by that person’s estate management or by the court).
Willens Law can competently help you prove these necessary elements and obtain justice for your loss.
Who Can File an Illinois Wrongful Death Claim?
The Illinois Wrongful Death Act allows the next of kin of the deceased to file a wrongful death lawsuit. “Next of kin” means the closest family members – they can be the surviving spouse and children, or if there is none, the legal parents and siblings of the deceased. In the absence of any of these, other legal relatives may be eligible to make a claim.
Note that the person who initiates a claim does not automatically receive the recovered amount. The court will distribute this amount among the family or next of kin, depending on each family member’s emotional and financial dependency on the deceased.
How Much Can You Claim For The Death Of Your Loved One?
The amount awarded in wrongful death cases varies depending on the specific details of each case. Generally, you and your family may be compensated for the following:
In certain cases, the court also awards the family with “punitive damages”, which is a monetary payment intended to punish the responsible party. This applies only when the negligent act of that party is considered especially reckless.
To get an accurate assessment of what you deserve, let Willens Law examine your case. With our in-depth knowledge and dedication to our clients, we can determine the maximum amount you are entitled to and ensure that all your rights are advocated.
What Is The Difference Between a Wrongful Death Claim And a Survival Action?
While learning about wrongful death, you have probably come across the phrase “survival action.” These two concepts are closely related but are actually distinct from each other.
A wrongful death claim is about the rights of the deceased person’s family – that is, they have the right to be compensated for their expenses, their grief, and so on. On the other hand, a survival action is filed on behalf of the deceased person himself/herself. In this concept, that person’s rights still “survive”, so compensation should be paid for his/her pain and suffering, lost earnings, and so on.
Thus, in a wrongful death case, the survivors file the claim directly for themselves, while in a survival action, they pursue the case on behalf of their deceased loved one. A successful wrongful death case distributes the recovered amount directly among the next of kin, but in a successful survival action, the compensation would have to go through the deceased person’s estate.
In Illinois, however, you are not required to pursue compensation on behalf of your loved one’s estate – you can pursue the case directly. In other words, you may be able to directly receive the monetary amount you need and deserve.
Is It Worth It To Hire A Wrongful Death Lawyer?
Some families who have wrongfully lost a beloved never take legal steps against the at-fault party. These families typically feel that their chances for success are low, that attorneys don’t have their best interest in mind, and that they would only be wasting their money and energy with a lawsuit.
Many families also settle with insurance companies. Sadly, insurers are known to use tactics to minimize the amounts they have to pay. As a result, bereaved families end up with much less than they deserve. In more unfortunate cases, accepting an insurance settlement also barred the families from pursuing legal claims – claims that could have given them fair compensation and true justice.
This does not have to be the case. A reliable wrongful death lawyer greatly increases the odds in your favor. He or she should be knowledgeable and experienced in wrongful death cases, skillfully aggressive in representing you, yet compassionate when attending to you.
$2,250,000 Truck Accident Wrongful Death Settlement
At Willens Law Offices, you can find the right attorney you need for this difficult episode. You do not even have to spend out-of-pocket – we guarantee that you won’t be charged legal fees until we obtain your compensation for you.
With this powerful, considerate legal service, hiring a wrongful death attorney from Willens Law will help make your legal pursuit truly worth it.
Wrongful Death Suit In Illinois – Act Now
While it’s important to allow yourself time to grieve, you’ll also want to take action as soon as you are able. Illinois has what is called the Statute of Limitations, which sets a time limit for you to file a wrongful death lawsuit.
In general, you may file the lawsuit within two years from your loved one’s death; after the two years, you may lose the right to sue. However, certain circumstances may shorten this time limit.
To ensure that your claim is still valid under the Statute of Limitations, don’t put off a consultation with a trusted lawyer. You can start by just talking about what happened to your loved one and your current situation. Willens Law gives you this initial consultation absolutely free, and you can find guidance from our understanding attorneys.
Willens Law Offices Has The Experience
Numerous people in Chicago and surrounding areas are thankful to Willens Law Offices for helping them recover after their loved one’s death. Willens Law has been proven over and over again to be effective in obtaining maximum compensation for bereaved families in Illinois. Many of the cases we’ve handled have resulted in multi-million dollar settlements and verdicts, such as the following:
Beyond our sharp, uncompromising legal representation, we at Willens Law Offices provide genuine care for our clients throughout the process. When you entrust your case with us, you will not have to experience additional stress and confusion. We’ll make sure we consistently communicate with you and clearly answer your questions. You can trust us to competently handle the legalities so you can focus on your healing.
We at Willens Law Offices are ready to listen to you and serve you anytime. It costs absolutely nothing to initially consult with us, so please feel free to talk to us about your loved one’s case. Call us at (312) 957-4166 today.
Wrongful Death Resources
- Who Can File a Wrongful Death Lawsuit?
- What is a Wrongful Death Lawsuit?
- Wrongful Death from Construction Accidents
- Speeding Tesla on Autopilot at Time of Fatal Crash
- Filing a Wrongful Death Claim in Illinois From a Motorcycle Accident
- What to Do if a Loved One has been Killed in a Car Accident
- Drowning Is Found To Be Leading Cause of Accidental Death in Young Children