Losing someone you love due to another party’s negligence or wrongdoing is devastating. However, when the party responsible for your loved one’s death denies liability or tries to shift blame to your deceased loved one, you can feel angry and helpless.
The experienced Chicago wrongful death lawyers at Meyers & Flowers Trial Attorneys have over 40 years of experience helping clients recover the compensation they are entitled to. We will protect your rights and hold the responsible defendants and their insurance companies accountable for the damages you incur.
Call (630) 394-5189 or visit our contact page and schedule a free consultation to discuss your claim.
How Defendants Try to Defend Against Wrongful Death Claims
Defendants and their insurance companies work hard to deny and devalue wrongful death claims. Some of the defenses they may raise include:
- The wrongful death claim has expired. Statutes of limitations apply to all civil action claims, including wrongful death actions. In Illinois, the statute of limitations for a wrongful death claim is generally two years. However, there are exceptions to the two-year filing deadline, so you must consult an experienced wrongful death attorney promptly to ensure you file your claim on time.
- The defendant did not owe your loved one a duty of care. For negligence claims, you must prove that the defendant owed the injured party a legal duty. They may try to show that there was no type of legal connection or expectation between the defendant and your loved one.
- The defendant’s breach of duty was not the cause of your loved one’s death. They may try to show that even if the defendant did breach an owed duty, there is no causal link between the breach and your loved one’s death.
- The defendant was at fault, or partially at fault, for the accident and their death. Under the Illinois comparative negligence standard, if your loved one was more than fifty percent at fault for the accident or incident that caused their death, you will be barred from recovering any compensation. If your loved one is partially, but 50% or less, at fault for the accident, you may still be able to recover compensation, but the amount will be reduced by the percentage of fault assigned to your loved one.
- The defendant was acting in self-defense. If the defendant can show that their actions were a result of trying to protect themselves or another person from imminent danger, they may be able to show that their actions were justifiable under the circumstances.
These are only some of the many defenses that the responsible party may try to use to avoid liability. An experienced Illinois wrongful death lawyer can help combat these tactics and hold responsible parties liable for paying the full damages to which you are entitled.
Why You Need an Experienced Illinois Wrongful Death Lawyer
You can investigate the accident or incident that caused your loved one’s death to help identify all causes and liable parties. They can take action to preserve, uncover, and collect essential evidence to prove liability and build your strongest case.
Your Chicago personal injury attorney can help establish and accurately value your damages and help negotiate a fair settlement as quickly as possible. When a fair settlement is not reached, they can take your case to trial to hold the responsible defendants accountable.
Your chances of recovering maximum compensation are much greater when an experienced Illinois wrongful death attorney represents you.
Schedule a Free Consultation With a Meyers & Flowers Wrongful Death Lawyer Today
At Meyers & Flowers Trial Attorneys, we have helped secure over $6 billion in compensation for our clients, and we are committed to helping you obtain the full compensation you are owed.
Call (630) 394-5189 or complete the short form on our contact page to schedule a free consultation.