Arlington Heights, IL Wrongful Death Attorneys

What Is a Wrongful Death Claim?

Under the Illinois Wrongful Death Act (740 ILCS 180/), a wrongful death claim may be brought when a person is killed due to the negligence or wrongful actions of another party. A claim will typically be filed by the personal representative of the deceased's estate, and the damages that are recovered will be used for the benefit of the victim's surviving spouse and next of kin.

In general, wrongful death claims will involve the following elements:

• The death was caused by the defendant's negligent, reckless, or intentional actions.
• The deceased could have filed a personal injury claim if they had survived.
• Surviving family members have suffered financial or emotional losses as a result of the death.

Situations That May Lead to Wrongful Death

Wrongful deaths can occur in many settings, including:

• Motor Vehicle Accidents: Fatal car crashes, motorcycle accidents, trucking accidents, or other types of collisions may be caused by speeding, distracted driving, intoxicated driving, failure to obey traffic laws, or other forms of negligence by drivers or other parties.
• Medical Malpractice: A doctor's misdiagnosis, a surgical error, a medication mistake, or the failure to provide timely treatment at a medical facility may lead to a patient's death.
• Nursing Home Neglect or Abuse: When a nursing home fails to provide adequate care, supervision, or medical treatment, or when intentional abuse occurs, elderly nursing home residents may die due to deteriorating health or serious injuries.
• Defective Products: Dangerous consumer goods, faulty vehicles, or unsafe medical products may cause fatal injuries or illnesses.
• Premises Liability Incidents: Unsafe property conditions may result in fatal slip and fall accidents, dog bites, drownings, or fires.

Depending on the circumstances surrounding a person's death, multiple parties may be held responsible. Our wrongful death attorneys can evaluate a case and determine the best course of action. We will identify the liable parties, gather evidence to show that the death was caused by negligence or intentional actions, and advocate for full compensation for surviving family members.

The Impact of a Wrongful Death on a Family

The loss of a family member can leave a lasting void. Surviving relatives may face issues such as:

• Loss of Financial Support: The family member who was killed may have been the primary wage-earner, and the loss of their contributions to household income may make it difficult for a family to address ongoing expenses.
• Loss of Companionship and Guidance: After a person's death, their spouse, children, and other close family members will be deprived of the emotional support they would have provided.
• Funeral and Burial Expenses: Memorial services and other factors involved in laying a loved one to rest can be expensive, and a family may struggle to cover these costs.
• Emotional Distress and Mental Anguish: The psychological impact of losing a loved one can be profound. Family members may struggle to process their grief and determine how they can move forward.

A wrongful death claim cannot bring a loved one back, but it can provide financial relief that will address these and other issues that have affected a family. It will also ensure that the negligent person or parties who were responsible for the person's death will be held accountable.

How Our Lawyers Can Help With a Wrongful Death Case

Navigating the legal and procedural aspects of a wrongful death claim during a time of grief is not easy. At Schwartz Injury Law, our lawyers can provide compassionate, experienced representation by:

• Investigating the Cause of Death: We will gather evidence and work with experts to establish liability for a fatal accident or other issues that led to a person's death.
• Calculating the Full Extent of a Family's Damages: We will take steps to ensure that all of a family's current and future losses will be properly addressed.
• Filing a Wrongful Death Claim Within the Legal Time Limits: Illinois law generally requires claims to be filed within two years of the date of death. We will make sure all legal concerns are handled correctly and within the proper timeframes.
• Handling all Negotiations and Legal Proceedings: By making sure a claim will be handled correctly, we can help a family focus on healing.