When lives are tragically changed because of a death caused by the negligence of another person, the recovery of damages can never adequately compensate the loved ones left behind. Seeking justice through a wrongful death claim in Chicago, however, can help your family get answers and move forward with the compensation you need.
If you are searching for a top personal injury attorney in Chicago, you have found the right law firm. At Meyers & Flowers, compassion and vigorous advocacy are the cornerstones of our representation of families who have been forced to deal with unnecessary tragedy. Contact us today.
Why Choose Our Chicago Wrongful Death Lawyer?
- We have shown an unwavering commitment to client success in our decades of experience. As our client, you will benefit from individualized care and attention from your Chicago wrongful death attorney.
- Our wrongful death lawyers in Chicago have achieved groundbreaking results in wrongful death cases, including $200 million for 40 people killed in a train explosion and $10 million for a man killed in an industrial accident.
- You won’t have to pay any attorney’s fees if your wrongful death case does not result in financial compensation for your losses. We operate on a contingency fee basis for all personal injury and wrongful death cases in Chicago.
How a Wrongful Death Attorney in Chicago Can Help
If you wish to focus on grieving your loved one while also holding someone accountable for causing the death, hire a wrongful death attorney in Chicago to handle the legal side of things. A Chicago wrongful death attorney will have the knowledge, experience, and resources to achieve the best possible results for your case while your family mourns and tries to heal.
A Chicago wrongful death attorney can prosecute and litigate your case using legal strategies to ensure justice for your deceased loved one. A Chicago wrongful death lawyer can hire accident and medical experts, for example, and collect evidence to help prove the required elements of your claim. You can count on your wrongful death attorney in Chicago to guide you through the complex legal process with compassion, respect, and decades of experience.
What Constitutes a Wrongful Death in Illinois?
Simply put, a wrongful death is any instance where someone is killed, and it’s someone else’s fault. This often involves a situation like a fatal car accident or a serious error that resulted in death during a medical procedure. Make sure to speak with a car accident attorney in Chicago for legal guidance. To qualify as a wrongful death in the state of Illinois, these criteria must be met:
Duty
This means the defendant owed a specific duty to the victim. In a general sense, this could imply a driver’s duty to operate their car safely and prevent the deaths of other drivers. In a more specific sense, this could refer to a doctor’s duty to operate on their patient.
Breach
A breach implies that the defendant didn’t perform their duty, and it caused the victim’s death. This could be something like a drunk driver’s decision to operate a vehicle under the influence or a doctor’s failure to operate safely.
Causation
This criterion shows that it was specifically the defendant’s actions that caused the victim’s death. In other words, if the defendant had not done what they did, the victim would almost certainly still be living.
Damages
Survival damages involve the period of time during which the victim was alive after the injury but before death. Family members who would have lost either services or monetary benefits from the victim are also entitled to compensation.
These are the four elements of negligence, or the failure to use reasonable care. If someone’s negligent, careless, or reckless actions result in a death, the victim’s family may have grounds for a claim under the Illinois Wrongful Death Act.
What Are My First Steps in a Wrongful Death Suit in Chicago?
Your very first steps should involve asking yourself whether or not you think your situation meets the criteria outlined above. According to Illinois law, those four factors — duty, breach, causation and damages — must be able to be clearly identified. Of course, we’ll help you determine whether these circumstances are met from a legal standpoint, but it certainly helps to evaluate these issues on your own.
If you think that they have, in fact, been met, then your next step is to reach out to the legal team at Meyers & Flowers. We’ll meet with you and determine whether or not your case is valid. If it is, the process will likely involve the following steps:
- Investigation, during which we go through all the evidence that pertains to your case. We’ll work with experts and whomever else we need to in order to uncover everything there is to know about your case and the party that should be held legally responsible.
- Negotiation involves the process during which we’ll meet with other parties (like insurance companies, for example) in the hopes that we can all reach an agreement when it comes to a settlement.
- Litigation will be what happens if we’re not able to reach an agreement during the negotiation process, and it turns out your case must go to trial.
- Resolution involves ensuring that your compensation is delivered to you in a way that is prompt and appropriate
What Can a Wrongful Death Suit Do for Me?
Wrongful death cases allow families to seek compensation from the negligent party for damages suffered after the loss of a loved one. Generally, family members who are entitled to bring a wrongful death lawsuit include a surviving spouse and/or surviving children.
These family members bring a lawsuit for injuries the deceased family member suffered, injuries the family members themselves have sustained due to loss of society, and future damage, such as wages lost as a result of the loss of a loved one.
The top wrongful death attorneys at Chicago-based Meyers & Flowers retain nationally recognized experts to aggressively seek and obtain the full compensation available to surviving family members.
Who Can Bring a Wrongful Death Lawsuit Under Illinois Law?
Most commonly, wrongful death actions are brought by the closest family member, such as the deceased’s spouse or the deceased’s children. If there is neither a surviving spouse nor any surviving children, other next of kin that are entitled to bring a wrongful death suit include parents, siblings, nieces and nephews. If the deceased was a child, parents and siblings are entitled to bring a wrongful death suit. If there is neither a surviving spouse nor any next of kin, the deceased’s estate itself can bring a wrongful death action.
What if the Deceased Person Survived for a Period of Time After Sustaining Injuries?
If the deceased individual survived for any period of time after receiving the fatal injuries, his or her personal representative is entitled to bring a suit, referred to as a survival action, on behalf of the deceased person, to recover damages for the personal injury suffered before death.
A survival action is different from a wrongful death claim in that it seeks compensation specifically for the losses suffered by the deceased individual, or decedent, rather than those experienced by surviving family members. This can include the decedent’s pain and suffering.
What Are Some Examples of a Wrongful Death Case in Chicago?
There are many preventable causes of death in Chicago. If there is evidence that a loss of life occurred due to the neglect or wrongful act of another person, a lawsuit can likely be filed.
Common fatal accidents that result in wrongful death cases in Chicago include:
- Car accidents are one of the most common causes of death and can come either from road issues or driver negligence
- Medical malpractice cases often involve misdiagnosis or the failure to diagnose an issue properly, but they can also involve surgical errors and other problems.
- Workplace accident suits involve deaths that occur at high-risk jobs, especially if safety precautions weren’t properly observed.
- Product defects that result in the death of an individual often warrant a wrongful death case and can involve anything from toxic foods to dangerous toys.
- Trucking accidents are distinct from auto accidents in that semi-trucks are far larger vehicles that cause death with more frequency.
- Pedestrian accident suits can involve driver negligence, but also sometimes involve the fault of the city or county, due to problems with the roadway.
- Plane accidents tend to be fairly rare but can involve high numbers of deaths when they actually do occur.
It costs nothing to meet with a Meyers & Flowers wrongful death lawyer in Chicago for a free consultation. For more information on wrongful death cases, contact our offices to speak with our team.
What Types of Compensation Are Available?
Wrongful death damages often include the damages that are visited upon parties related to the deceased victim. In other words, those who survive the wrongful death will be missing out on these items that were a regular part of their lives when the victim was still living.
- Loss of companionship
- Loss of services
- Loss of future income
- Loss of consortium
Damages, in a more general sense, tend to include losses that were incurred by the actual victim. These losses would have been made available to survivors in the event of the victim’s death and are often incurred during a time period between injury and the victim’s eventual passing:
- Medical expenses
- Past lost wages
- Pain and suffering
- Physical disability
- Property damage
It is in your best interest to discuss the potential value of your wrongful death case with our Chicago wrongful death attorneys before accepting a fast settlement offered to your family by an insurance provider. An insurer’s top priority will be to minimize your payout, while a Chicago wrongful death lawyer will want your family to achieve the best case outcome possible.
Frequently Asked Questions on Wrongful Death Cases
What is the definition of a wrongful death case?
A wrongful death case can be defined as a legal claim filed on behalf of a deceased person who died as a result of the negligence, recklessness or intentional actions of another party.
Who can file a wrongful death lawsuit?
In most regions of the country, immediate family members, including spouses, children and parents of the deceased, are able to file a wrongful death lawsuit. Some jurisdictions also allow extended family members or dependents to file.
What types of incidents can result in a wrongful death case?
Various incidents can lead to wrongful death cases. These can include car accidents, medical malpractice, workplace accidents, product defects, premises liability, and more.
What types of compensation can be sought in a wrongful death case?
Compensation in a wrongful death case can encompass a range of factors, such as medical expenses, funeral and burial expenditures, loss of financial support, loss of companionship, pain and suffering experienced by the deceased, and additional relevant factors.
What is the burden of proof in a wrongful death case?
The burden of proof in a wrongful death case is typically the same as in a civil lawsuit—preponderance of evidence. This means that the evidence must show that it is more likely than not that the defendant’s actions caused the death.
Is there a time limit to file a wrongful death lawsuit?
Yes, there is a statute of limitations that varies by jurisdiction, which sets a deadline for filing a wrongful death lawsuit. Clients who miss this deadline may lose the right to pursue their claim.
Can a criminal case and a wrongful death case be filed simultaneously?
Yes, a criminal case and a wrongful death case can be pursued simultaneously. While a criminal case focuses on punishing the defendant, a wrongful death case seeks compensation for the victim’s family.
How does the court determine liability in a wrongful death case?
Liability is determined by establishing that the defendant’s negligence, recklessness or intentional actions directly caused the death. This often involves presenting evidence and expert testimony.
Can a settlement be reached in a wrongful death case?
Yes, many wrongful death cases are resolved through settlements. The parties negotiate a compensation amount outside of court. If an agreement is reached, the case is typically dismissed.
Do I need an attorney for a wrongful death case?
If you’re contemplating pursuing a wrongful death case, it’s strongly advisable to seek the advice of a seasoned wrongful death attorney in Chicago. A skilled and experienced wrongful death lawyer in Chicago can help clients navigate the legal proceedings, assist in assembling evidence, engage in settlement negotiations and provide representation in court if the situation demands.
As laws can vary by jurisdiction, it’s important to consult with a wrongful death attorney in Chicago who is familiar with the laws in your area if you have specific questions about a wrongful death case. At Meyers and Flowers, we have years of experience in serving the greater Chicago area and other regions of Illinois. Reach out to us today to set up a consultation and discuss your options.
Contact Us for a Free Wrongful Death Case Evaluation in Chicago
Life after the loss of a loved one can feel empty. If you are searching for answers, understanding your legal options in terms of filing a wrongful death claim can help you decide on a path forward for you and your family.
At Meyers & Flowers, we can guide your family through the challenges of a wrongful death claim with the support and empathy you need. Our goal will be to give you confidence and as much peace of mind as possible as we seek fair case results for you. Learn more about how we can help you and your family during a free case evaluation at our Chicago law office. Contact us online or call (630) 232-6333 to speak to a Chicago wrongful death attorney.