Chicago Wrongful Death Attorney

Wrongful death is a distinct category of injury and death because it occurs due to the negligence, reckless behavior, or failure of another person. The circumstances that lead to wrongful death are typically created when another party fails to fulfill a certain obligation or does not carefully execute their duties. Wrongful death can occur due to a variety of errors and oversights, including:

• Driving while texting, talking, or otherwise distracted
• Drunk driving
• Road rage
• Failure to properly or promptly diagnose a serious medical condition
• Surgical never events, such as performing a procedure on the wrong patient or leaving forceps, needles, gauze, etc. inside the patient’s body after surgery
• A property owner’s or manager’s failure to fix or warn workers, clients, etc. of unsafe walkways, bridges, floors, etc.
• A landlord’s inaction or failure to properly secure the premises to prevent forced entry, violent assault, and death of tenants
• Construction accidents involving heavy machinery, falls from heights, electrocution, or falling objects
• Exposure to toxic chemicals or substances
• Bicycle accidents
• Motorcycle accidents in Chicago
• Truck accidents in Chicago
• Injury and death as a result of a poorly designed, defectively manufactured, or falsely advertised product

In most circumstances, all of the above needlessly subject other people to serious danger, life-threatening injury, and often death. If drivers, employers, property managers, and others exercise appropriate caution and adhere to safety protocol, such accidents can be avoided and lives are protected. However, when they fail to do so, their negligence can result in tragic loss of life and devastating damage to their families and loved ones.

In a wrongful death lawsuit, this claim must be filed by the “personal representative” (or “executor”) who was appointed by the deceased individual before his/her death. If a person failed to appoint a personal representative before he/she died, then the court may appoint an executor.

The personal representative can be an immediate family member, such as the deceased person’s spouse, parent, or adult child. Not only does a personal representative pursue the wrongful death claim on behalf of the surviving loved ones, but also carries out other estate-related tasks.

Damages from a wrongful death lawsuit in Illinois are meant to compensate the deceased person’s surviving loved ones for out-of-pocket expenses associated with the death and intangible losses the family suffered. These damages are awarded to the deceased person’s surviving spouse and next of kin, based on how they depended on the deceased person when he/she was alive.

Some of the common types of damages from an Illinois wrongful death claim include:

• Funeral and burial expenses

• Medical expenses incurred by the deceased person when he/she was alive

• Loss of financial support the deceased would have provided, such as lost wages and benefits

• Loss of consortium

• Loss of education and moral support the deceased person would have provided for his/her children

• Mental suffering, grief, and sorrow

A personal representative has two years from the date of the person’s death to file a wrongful death claim based on negligence. However, if someone dies due to “violent intentional conduct,” the lawsuit must be filed within a five-year period.

Additionally, if the at-fault party is charged with first- or second-degree murder, drug-induced homicide, intentional homicide or voluntary manslaughter of an unborn child, reckless homicide or involuntary manslaughter, or reckless homicide or involuntary manslaughter of a child, then a wrongful death claim can be brought one year following the conclusion of the criminal case.