Losing a family member to someone else’s negligence is an especially painful event that can also upend your life and create seemingly insurmountable challenges. While a wrongful death claim cannot bring your loved one back to you and may feel like a futile effort, it can provide you with the compensation you need to continue caring for your family while you travel the difficult path toward healing. If you’ve lost a loved one to someone else’s negligence, an important early step you should take is consulting with an experienced Chicago wrongful death lawyer.
Wrongful death claims arise out of instances when someone is fatally injured by someone else’s negligence. In other words, a wrongful death claim takes the place of the personal injury claim that the victim would have filed if he or she had survived the negligence-based accident in question.
Wrongful death claims are based on a duty of care that was owed to the accident victim, but that was neglected. For example, everyone who drives a car owes everyone else on the road an important duty of care to drive safely. Driver negligence represents a failure to uphold this duty of care, and if this negligence – which can take many dangerous forms that include distraction, impairment, and excess speed – leads to a fatal accident, it can end in a wrongful death case.
In Illinois, wrongful death claims are filed by the victim’s spouse or children. If the victim (called the decedent in the claim) has no surviving spouse or children, his or her parents or siblings can instigate the claim, which is actually brought by a personal executor or representative of the decedent’s estate on behalf of the survivors. Ultimately, the damages that are awarded are distributed between the eligible survivors in relation to their dependence on the decedent – as guided by the court’s considerable discretion in the matter.
While there is no way to adequately put a value on the pain and damages you’ve suffered in relation to your incredible loss, there are specific categories of damages that the law allows you to seek, including:
If the at-fault party’s brand of negligence was especially egregious, you may also be able to seek punitive damages that are intended to punish him or her.
The compassionate Chicago wrongful death lawyers at The Horwitz Law Group understand the gravity of your situation and the importance of your claim, and we’re committed to skillfully advocating for a resolution that upholds your rights and works for you. To learn more about how we can help, please contact us to schedule a free initial consultation today.
for a young lady who was run over by a private waste hauling company while crossing the street.
for a client injured in a 2005 Metra train derailment case.
for a client whose family was killed by a street sweeper that ran a red light.
for a premises liability accident resulting in below the knee amputation.
for a woman who was hit by a car while crossing the street.
for a client who was injured on the CTA red line train.
for a client who had lawyers at another law firm trying to settle the accident case for only $60,000.
for a client who was crushed between two cars nearly severing off her leg.
for a client whose son was accidentally run over by her husband as he backed out of their driveway.
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