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. The Chicago Law firm of Taxman, Pollock, Murray & Bekkerman, LLC, is made up of lawyers specializing in wrongful death cases who offer experienced representation for those coping with the shocking and painful aftermath of a wrongful death. We can provide much needed advice for clients hoping to recover emotional and monetary damages for the loss of someone close to them. Our Chicago wrongful death lawyers 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.
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 wrongful death lawyer, 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. This can be due to negligence, which may arise from auto accidents, trucking accidents, motorcycle accidents, bicycle accidents, construction accidents, explosions, nursing home negligence, slips and falls, dangerous and defective products, medical malpractice or other circumstances.
In a wrongful death case family members may be permitted compensation for any medical bills, pain and suffering, and funeral costs that arise. One of the main purposes of filing a wrongful death suit is to lessen the financial stress of the family members of the deceased. Although no monetary compensation can make up for the loss of a loved one, it is the first step towards gaining justice after such a traumatic event. Additionally, family members may seek compensation for loss of future income and benefits, loss of future inheritance, loss of parental guidance, loss of spousal companionship, protection and care, grief, sorrow and mental suffering of surviving spouse and next of kin, medical expenses, and punitive damages (if defendant’s actions were intentional).
Who Can File a Wrongful Death Claim in Chicago?
It is crucial to understand that not every individual can file a wrongful death claim in Illinois. In many other states, at least reviving 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 them off 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.
Understanding Damages 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 wonderful 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.
Damages is the word the law uses to refer to compensation in a personal injury or wrongful death case due to another’s negligence. During a wrongful death lawsuit, you can claim several items of potential damages related to economic loss and emotional harm. You and your skilled wrongful death lawyer 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
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.
Many states in this country 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. Schedule a free consultation with our attentive and seasoned attorneys by calling (312) 586-1700 or emailing firstname.lastname@example.org.
Why Work with Our Chicago Wrongful Death Attorneys
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.
We understand that no amount of monetary damages can turn back the clock. While we cannot change the outcome of the accident, our skilled wrongful death attorneys will provide you with compassionate and dedicated counsel. This allows you to focus your time, energy, and attention on other matters during this difficult time.
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.
Contact a Chicago Wrongful Death Lawyer 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.