You may have heard the term “wrongful death” but were unsure what exactly it means in a legal sense. In Illinois, the law allows survivors to file a civil lawsuit that seeks damages from a party whose actions or behaviors were responsible for their loved one’s death. Because these cases are often complex – and very emotional – it is recommended that anyone wishing to file a lawsuit contact a wrongful death lawyer Schaumburg, IL families trust for legal help.
Civil vs. Criminal
A wrongful death lawsuit is a different legal action than criminal charges that may be filed against the alleged at-fault party. In fact, in many of these lawsuits, there may not even be any criminal charges filed against the party responsible for the accident or act that caused the victim’s death.
Even if there are criminal charges pending, or already resolved, survivors are still entitled to file a wrongful death lawsuit to recover financial compensation for the losses their loved one’s death has caused. It is also important to note that the results of the criminal case had no bearing on the results of the civil case. A person can be found not guilty or have charges dropped, yet a jury or judge can still find them liable for the victim’s death in the civil case.
How To Prepare for a Wrongful Death Lawsuit
When preparing to talk to a wrongful death lawyer in Schaumburg, IL, you should know the steps of pursuing a wrongful death claim in Illinois. The Illinois Wrongful Death Act allows family members of an individual who was wrongfully or negligently killed to pursue legal action for financial compensation. By knowing the process and what is needed during each step, you can help your lawyer create a solid case and understand how different factors could impact the final verdict. Here’s how to prepare for a wrongful death suit.
Take Immediate Action
The law requires survivors to file the lawsuit within two years of the date of death. This is why you shouldn’t delay in reaching out to the Therman Law Offices, LTD. If you wait past the two years, you won’t be able to bring legal action against the at-fault party. Allow yourself to grieve and process the death of your loved one, but perhaps, working to achieve justice can be a way to bring closure to the tragic situation. You don’t have to call a wrongful death lawyer in Schaumberg, IL right away, but the sooner you do, the more guidance you will have on what steps to take to preserve your case.
You will need to go on the offensive and collect important evidence to support your claim of wrongful death. Well-maintained and clear documentation will be vital to your lawyer’s ability to argue your case and receive fair compensation. The evidence needs to prove who was liable for the event, what happened and what losses and damages you and the rest of the family have suffered or will suffer because of the loss of the loved one. Some examples of useful evidence include:
- Death certificate
- Autopsy or medical records
- Photographs or video
- Physical evidence collected from the scene
- Witness statements
- Tax returns or paystubs
- Receipts or bills for medical and death expenses
Accept the Pain of the Process
Nothing will ever be able to replace the loss you’ve experienced, and financial compensation can only make the process forward a little bit easier. No matter how hard your attorney and the team at Therman Law Office, LTD. Work, you can’t bring your loved one back. It may be difficult to hear the court arguments against compensation but remember not to take them personally.
Being prepared with good evidence and documentation can give your wrongful death lawyer in Schaumberg, IL an easier time arguing your case. Your lawyer will fight for your rights, but it is up to a jury to decide the outcome.
Who Can File a Wrongful Death Lawsuit?
As a Schaumburg, IL wrongful death lawyer can explain, there are various people under Illinois law who can seek damages for their loved one’s wrongful death. Damages sought in the claim can include any life-saving medical expenses, funeral and burial expenses, loss of the victim’s income, loss of the victim’s love and guidance, grief, emotional anguish, and more. In most cases, the action is filed by the victim’s spouse, their children, their parents, or a representative of their estate.
Proving a Wrongful Death Claim
In order to be successful in a wrongful death lawsuit, an attorney must prove the following factors:
- There was a breach of duty: The attorney must prove that the at-fault party at a duty of toward the victim and that duty was breached. For example, a doctor has duty of care to their patient, but if that doctor is negligent in their treatment and that negligence causes the patient’s death, the duty has been breached.
- There was negligence: The attorney must show that the at-fault party acted or behaved in a negligent manner and that negligence caused the accident, incident, or error that resulted in the victim’s death.
- There are damages: The attorney must show that the victim’s death has caused the party (or parties) filing the lawsuit financial losses (economic) and emotional losses (noneconomic).
Signs That You Need a Wrongful Death Attorney
The Death Was the Result of Negligence
Negligence is a person’s failure to exercise the care of an ordinary person in similar situations. Therefore, if a family member was in a motor vehicle accident, at the workplace or under the care of a physician and was killed due to negligence, you have a wrongful death lawsuit. In fact, wrongful death lawsuits can be filed against landlords, schools, businesses and governmental agencies if they are found negligent. Part of the duty to care is the duty not to murder someone. Therefore, murder may be considered negligence in a wrongful death civil suit.
Therefore, if someone you love was killed due to another person or entity’s negligence, you should immediately contact a wrongful death lawyer in Schaumburg, IL, such as the legal professionals at Therman Law Offices, LTD.
You Don’t Know the Legal Process
The truth is, unless you practice as a wrongful death attorney, you probably need a lawyer. Wrongful death law involves statutes of limitations, and you have to prove negligence using evidence. You can do the research and work on your case yourself, but you will probably spend a significant amount of time learning about wrongful death laws. Then, you will have to gather your evidence and argue your case.
A wrongful death lawyer in Schaumburg, IL already understands the laws and processes that must be followed. These professionals have investigators on staff or under contract who can find the evidence necessary to prove your case. They also know when to file what paperwork. A great attorney, e.g., those found at Therman Law Offices, LTD, also has extensive experience arguing cases in front of a judge and jury.
You Don’t Know What Your Claim Is Worth
Insurance companies are typically for-profit companies. Therefore, their primary goal is to make money. Paying out insurance settlements on wrongful death claims is in opposition to this goal. Therefore, these companies will try all the tricks they can to reduce your settlement as much as possible. For example, they may state that you, the deceased or someone else is partially at fault. These companies will use this logic to reduce your settlement amount.
In addition, insurance companies often offer a low settlement right away so that you think they are being generous. However, when you consult a wrongful death lawyer in Schaumburg, IL, you will learn whether the settlement is actually generous or just a ploy to save the insurance company money.
How To Choose a Wrongful Death Lawyer
If someone you love has passed away, you deserve to honor their memory and grieve appropriately. If they have passed away due to the negligence or action of someone else, you may be entitled to a wrongful death case. You deserve to focus all of your energy on grieving the memory of your loved one, which is why you should work with a wrongful death lawyer in Schaumburg, IL, such as a lawyer from Therman Law Offices, LTD. At the same time, there are lots of lawyers from which to choose. How can you hire the right attorney to represent your interests?
Do They Have Experience Pursuing Wrongful Death Cases?
If you are looking for a lawyer to assist you, the first thing you need to think about is his or her area of expertise. Similar to doctors, lawyers tend to specialize in a certain area of the law. Some have a lot of experience pursuing criminal defense, while other lawyers have experience in constitutional law. If you are looking for someone who can help you with a wrongful death claim, you need a wrongful death lawyer. Most attorneys will list their practice areas on their websites. Be sure to take a look at this if you are hiring a wrongful death lawyer in Schaumburg, IL.
Do They Have Good Results?
Before you purchase a product online, do you take a look at reviews and ratings? You should do the same thing before you hire a lawyer. Make sure the wrongful death lawyer has a long track record of success. What percentage of their cases go to trial? What percentage of their cases are settled? What percentage of their cases are dismissed entirely? Make sure you have these numbers before you decide to hire a wrongful death lawyer. Any attorney who is serious about winning your business should have these numbers available. That way, you can make a decision on which lawyer is best for you.
Find the Right Wrongful Death Lawyer To Help You
These are a few of the most important factors you need to think about if you are looking for a wrongful death below your to assist you. If you are looking for a wrongful death lawyer in Schaumburg, IL, consider working with a lawyer from Therman Law Offices, LTD. You deserve to have your rights defended, and you could be entitled to compensation following the death of someone you love.
Illinois Wrongful Death Law Firm
If you have lost a loved one in an accident caused by someone else, we understand no amount of money will ever make up for that loss. But we also understand that your family deserves financial justice for that loss. Call Therman Law Offices, LTD to schedule a free and confidential consultation with a wrongful death lawyer in Schaumburg, IL.