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Chicago Wrongful Death Lawyer

After the loss of a loved one, the prospect of filing a wrongful death claim can be particularly difficult to deal with. Each Chicago wrongful death lawyer at Taxman, Pollock, Murray & Bekkerman, LLC offers experienced representation for those coping with the shocking and painful aftermath of a wrongful death.

Our Chicago personal injury law firm is made up of lawyers specializing in wrongful death cases who can provide much needed advice for clients hoping to recover emotional and monetary damages for the loss of someone close to them.

We understand the complexity of each individual case and will work one-on-one with clients to ensure that they will receive the damages that they are entitled to. Contact us today to schedule your free consultation – (312) 586-1700.

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What Is Wrongful Death?

What Is Wrongful Death?

Wrongful death is a legal term describing the demise of a person due to negligence or recklessness of other individuals or entities. Immediate family members of the deceased victims are usually the parties that file a wrongful death lawsuit or claim. With the help of a trusted Chicago wrongful death attorney, they can obtain fair and full compensation for their financial and emotional damages.

In the case of wrongful death, we can aid those experiencing loss of companionship, financial loss, and mental pain and suffering. In Illinois, wrongful death lawsuits can be filed if a loved one dies due to the fault of another person.

How Illinois Wrongful Death and Survival Claims Work

In Illinois, wrongful death cases are governed by both the Illinois Wrongful Death Act and the Illinois Survival Act, which provide separate avenues for recovering damages.

Illinois Wrongful Death Act

Under the Illinois Wrongful Death Act, surviving family members can pursue damages for the emotional and financial losses they suffer due to the untimely death of their loved one. These damages are typically intended for surviving spouses, children, and other family members who depended on the deceased for support, companionship, and guidance.

Illinois Survival Act

The Illinois Survival Act, on the other hand, allows the estate of the deceased to recover damages that the deceased could have pursued if they had survived. This can include compensation for medical expenses, lost wages, and pain and suffering experienced by the deceased prior to passing. Unlike wrongful death damages, which are paid directly to survivors, survival damages go to the deceased’s estate and are distributed according to the terms of their will or state inheritance laws.

Together, these laws enable families to seek comprehensive justice for both their own losses and the suffering their loved one endured. Our attorneys can help you navigate these laws, ensuring you understand your rights and options.

Potential Damages to Recover in a Wrongful Death Case

There is no dollar amount that can erase the pain and suffering caused by the loss of a loved one, particularly if that person lost their life due to a tragedy. However, compensation can help ease the loss by providing family members with the compensation they need to move forward appropriately.

Damages awarded, if a wrongful death death claim is successful, are intended to compensate the deceased individual’s survivors not just for the economic losses associated with the death but also for the intangible losses they suffer.

Economic Damages

You and your skilled Chicago wrongful death attorney may pursue compensation for economic damages, including:

  • Burial and funeral expenses
  • Medical costs incurred prior to the death of your loved one
  • Loss of the deceased individual’s income and benefits, such as pension and health insurance

Non-Economic Damages

You also have the option to seek compensation for non-economic damages, including:

  • The loss of consortium, which includes the loss of companionship, society, and sexual relations the deceased would have had with their spouse had they lived.
  • The loss of education, moral training, instruction, and guidance the deceased would have provided to any surviving children.
  • The sorrow, grief, and mental anguish of survivors.

Damage Limitations and Caps

Some states place limitations or caps on the total amount of damages that can be awarded to plaintiffs in a wrongful death case. However, Illinois does not have any such limitations in place. A wrongful death lawyer in Chicago will work with trusted economic and financial experts to adequately calculate the total losses that the family and the estate are expected to incur as a result of the injuries leading to the untimely fatality.

If you lost your child, spouse, or parent in an accident and believe that someone acted recklessly or negligently, get in touch with our Chicago-based wrongful death law firm so we can help you pursue justice.

Who Can File a Wrongful Death Claim in Illinois?

It is crucial to understand that not every individual can file a wrongful death action claim in Illinois. In many other states, most surviving family members of the deceased can file a wrongful death claim. However, the responsibility for filing a wrongful death claim in Illinois falls to the original representative or executor of the deceased’s estate.

If an individual died without appointing a personal representative to their state, the court can appoint a personal representative. This individual will be responsible not only for pursuing the death claim but for carrying out other tasks related to the estate.

However, the damages awarded, if a wrongful death claim is successful, are paid to both the survivors of the deceased as well as the estate. Typically, the damages are paid first to the deceased’s surviving spouse and then next of kin according to the level of dependency on the deceased individual.

chicago wrongful death lawyers

How Much Is My Wrongful Death Case Worth?

There is no set or average amount of compensation paid for a wrongful death claim in Chicago. Rather, every case must be examined for specific details. No two wrongful death cases are exactly alike. If you ask your Chicago wrongful death lawyer how much compensation you can expect, you may get a ballpark estimate, but giving an exact figure would be impossible. These claims can be unpredictable.

Factors Taken Into Account

There are specific factors that can be taken into account to determine how much a case is worth. These factors will be examined by insurance carriers as well as the personal injury jury before they render a verdict.

Some of the factors that can influence wrongful death case worth include:

  • The age of the deceased
  • The occupation and earning capacity of the deceased at their time of death
  • The future expected earning capacity of the deceased (factoring in bonuses and expected raises)
  • The lost the value of household services the deceased regularly performed
  • The level of pain and suffering endured by the family members
  • The amount of children or other dependents
  • The age of any children or dependents

When working through a wrongful death claim, it is not uncommon for insurance carriers to offer a settlement. However, insurance carriers typically offer low settlements in order to protect their profits. It may be necessary for the personal representative of the deceased’s estate to move forward with a wrongful death lawsuit in civil court.

Wrongful Death Case Results We’ve Secured For Our Clients

We understand that no amount of monetary damages can turn back the clock. While we cannot change the outcome of the accident, each skilled Chicago wrongful death attorney on our team will provide you with compassionate and dedicated counsel.

$2.9 Million

Plus a waiver of $180,000 workers’ compensation lien, in a product liability claim for the wrongful death of a 67-year-old mechanic when a fabric sling used to lift a piece of equipment was cut causing the load to fall.

$2 Million

A suit against two subcontractors working at a roofing project at a warehouse in Waukegan, IL on behalf of the estate of a 20-year-old roofer who fell through an open and unmarked skylight, and died as a result.

$1.5 Million

A settlement from a trucking company and freight broker for the wrongful death of a 74-year-old woman.

$1.5 Million

A policy limits settlement for a family of three killed in a motor vehicle crash in suburban Chicago.

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Common Types of Wrongful Death Cases

There are many different events that be the cause of wrongful death. These can include:

This is not an extensive list of what can cause a loved one to pass away due to someone else’s harmful actions. If you do not see your specific situation here, please do not hesitate to reach out to us so we can discuss your legal options.

Illinois Wrongful Death Statute of Limitations

How Long Do I Have to File a Wrongful Death Lawsuit in Chicago?

Every state is allowed to set time limits for how long plaintiffs have to file personal injury and wrongful death lawsuits known at the statute of limitations. In Illinois, under 740 ILCS 180/0.01, the wrongful death statute of limitations is two years from the date of the individual’s death.

Exceptions to the Statute of Limitations

If the individual lost her life as a result of intentional violent conduct, the lawsuit can be filed within five years from the date of death.

For deaths involving ongoing criminal cases, the plaintiffs for the wrongful death civil claim can file their case within one year from the day the criminal case is completed if the person is charged with the following crimes:

  • First or second degree murder
  • Involuntary manslaughter or reckless homicide
  • Involuntary manslaughter or reckless homicide of an unborn child
  • Intentional homicide or voluntary manslaughter of an unborn child
  • Drug-induced homicide

In most situations, failing to file a wrongful death lawsuit within this two or five year time frame will likely mean that the plaintiff’s case will be dismissed, leaving the family members and the estate unable to recover compensation.

How to Prove a Wrongful Death Claim

Proving a wrongful death occurred can be exceedingly difficult, particularly for those who do not have much legal experience. Family members and the personal representative of the deceased are typically not the ones who will be proving this case to the insurance carriers or to a wrongful death civil court jury.

A skilled Chicago wrongful death lawyer will get involved and help figure out what happened. They will use their resources to fully investigate every aspect of the case to prove negligence.

The Four Elements of Proving Negligence

An attorney will seek to show the following four elements of negligence:

  1. Duty of care: That a duty of care existed between the defendant and the deceased
  2. Breach of duty: That the defendant somehow breached their duty of care through their negligent actions
  3. Causation: A wrongful death attorney in Chicago will show that this breach of duty led to the death of the deceased
  4. Sustained damages: They will also establish the compensable losses sustained by the estate and surviving family members.

Why Work With Taxman, Pollock, Murray & Bekkerman?

 

Our wrongful death legal team uses a new-age modern approach to attain the maximum compensation for our client’s cases. Count on us to conduct a thorough investigation of your case, collect evidence from multiple sources to find the cause, and represent you in court aggressively to hold the erring party liable for the death of your loved one.

How Can a Chicago Wrongful Death Lawyer Help With My Claim?

Wrongful death claims in Chicago can become immensely challenging civil cases. In order to bring a successful claim, there are various elements that must be in place. A wrongful death lawyer will have a multifaceted role when working through your claim. This includes:

  1. Reviewing the initial facts of the case and helping you determine the best steps moving forward
  2. Conducting a thorough investigation into the incident in order to gather evidence
  3. Opening communication with other parties and insurance carriers involved
  4. Handling any negotiations for a possible settlement
  5. Filing a wrongful death claim in civil court
  6. Fully preparing the case for a trial by jury

The complex nature of wrongful death claims can seem intimidating to those without much experience in this particular area of law. Your attorney will be your advocate. They will handle every aspect of the claim on your behalf while keeping you up to date as the case moves forward.

What Our Clients Have To Say

5 stars

Other large firms in Chicago did not think my case could be won”

Eyad M. | Google Review

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Contact Our Chicago Wrongful Death Attorney Today

If you have lost somebody that you love as a result of the careless, negligent, or intentional actions of another individual or entity in Chicago, reach out to an attorney immediately. At Taxman, Pollock, Murray & Bekkerman, LLC, we have an extensive track record of success handling complex wrongful death claims throughout Illinois.

Our team has the resources necessary to fully investigate every aspect of your claim to seek justice and help make sure that your family’s needs are met. We want to make sure that you recover full compensation for your losses and that you gain closure through this process.

Frequently Asked Questions

Will I have to go to court if I file a wrongful death lawsuit?

Like any lawsuit, there is a likelihood that the action will require a court proceeding. You’ll need to bring your case to a jury if the negligent party refuses to settle out of court. Since trials can be complex, you’ll need a skilled wrongful death lawyer to represent you in court, protect your rights, and properly litigate your claim.

Are the laws concerning wrongful death the same for all states?

No, since states have their wrongful death laws. If you’re going to seek compensation for the death of your loved one, you should turn to a qualified wrongful death law office that understands the relevant laws in your state.

How quickly should I get in touch with an attorney?

As soon as possible, preferably following the accident that resulted in the demise of your loved one. There are many steps to take to obtain just compensation, including gathering and securing evidence, interviewing witnesses, performing testing of vehicles or products, and so on. It is vital that these steps are done immediately, as the insurance company will certainly be taking these same steps on behalf of the defendant.

It’s also important to file a claim in a timely manner as the statute of limitations for wrongful death lawsuits in Illinois is two-years from the date of death.

What about criminal charges?

Wrongful death claims are filed in civil court. Not all wrongful death claims involve criminal acts, but some do. For example, if a drunk driver caused an accident that led to the death of the deceased, the drunk driver may also face criminal charges filed by prosecutors. However, there does not have to be any type of charges filed against an individual in order for the personal representatives of an estate to bring a wrongful death claim. These are two separate actions with different burdens of proof.

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