Losing a loved one is always difficult, but it may be even harder when the death is unexpected and avoidable. If a family member has died due to the negligence of someone else, you may be entitled to compensation for your harm. While no amount of money can undo the pain that your family feels, compensation may help ease the burden of the bills and other financial stresses that may develop. At Therman Law Offices, our Wheaton and Schaumburg wrongful death attorneys have the skill, experience, and dedication to handle your case. We can represent families who are seeking a car accident lawyer or guidance in a wide range of other personal injury claims.Pursuing a Wrongful Death Claim Following a Fatal Accident
In Illinois, a wrongful death takes place when a person dies due to the wrongful act or neglect of another person or entity. The resulting action is a civil lawsuit that seeks monetary damages. A wrongful death claim is appropriate if the deceased person would have been able to file a lawsuit and recover damages for themselves had the death not occurred. As a result, an Illinois wrongful death claim is brought on behalf of the deceased individual. Fatal accidents may occur in many situations, including motor vehicle collisions, slip and falls, elevator accidents, and medical malpractice.
Under Illinois law, the personal representative of the victim’s estate must file the wrongful death claim. The personal representative may be a surviving family member, such as the spouse of the victim, a parent or minor child of the victim, or an adult child of the victim. If the deceased individual died without designating a personal representative, the court will appoint a representative.
In some cases, the defendant may argue that the victim was partially responsible for the incident that caused their death. Under Illinois’ comparative negligence law, wrongful death damages still may be received as long as the victim’s contributory negligence did not exceed 50 percent. If the jury finds that the victim was between one and 49 percent at fault for their death, the award will be reduced according to their percentage of fault. A wrongful death lawyer can help Schaumburg and Wheaton families try to minimize any degree of fault that may be attributed to their loved one.
According to the Illinois Wrongful Death Act, these lawsuits must be filed within two years of the death of the victim. If you fail to file within this time frame, you may be permanently barred from filing a claim. However, there may be exceptions that apply in certain complex situations.
Wrongful death damages in Illinois are paid for the “exclusive benefit of the surviving spouse and next of kin” of the victim. Typically, these damages include medical expenses prior to death, funeral and burial expenses, and the victim’s pain and suffering. Furthermore, surviving family members may be able to recover compensation for loss of consortium and loss of future income, as well as damages for grief, sorrow, and mental suffering.Consult a Wrongful Death Attorney in Schaumburg, Wheaton, or the Surrounding Cities
If your loved one died as a result of someone else’s negligence, you may be able to sue the at-fault party. With more than 35 years of combined experience, you can trust that the Wheaton and Schaumburg wrongful death lawyers at Therman Law Offices will be able to explore your full range of options. We are committed to helping Cook County families seek the justice and compensation that they deserve for their harm. We have offices in Wheaton, Schaumburg, and near O’Hare Airport, from which we represent people in communities such as Westmont, Oakbrook Terrace, Clarendon Hills, Downers Grove, Lisle, Darien, Bolingbrook, Park Ridge, Des Plaines, Rosemont, Elk Grove Village, Mt. Prospect, and Arlington Heights. Call us at 312-588-1900 or contact us online to set up a free appointment. Our workers’ compensation attorneys also can help families pursue death benefits after a fatal accident on the job.