Chicago Wrongful Death Lawyer
A wrongful death is one of the most tragic and infuriating injuries a person and those left behind can suffer. A wrongful death happens when the “wrongful” conduct of a person or entity results in the death of another person, which should have been prevented. A wrongful death can occur in any area of personal injury law, from a motor vehicle accident to a defective medical device to a construction accident.
At Harvey L. Walner & Associates, Ltd., we empathize with our clients whose family member has suffered a wrongful death. While no amount of money can bring that person back, by winning you the compensation you deserve for your medical bills, funeral expenses and loss of companionship, our Chicago wrongful death lawyers can ease the financial burdens so your family can grieve.
Family Members File Suit
Because the person injured is no longer living, the family members of the deceased file a wrongful death lawsuit. Those who may file are entitled to monetary damages as a result of that person’s death, such as the victim’s:
- Surviving spouse
Common Causes of Wrongful Death
While there are a number of accidents and incidents that can result in a wrongful death, the more common include:
Motor vehicle accidents: these include fatal car accidents, truck accidents, motorcycle accidents, four-wheeler accidents and go-cart accidents resulting from another driver’s negligence.
Defective products: defective motor vehicle parts and faulty household items and children’s toys can be fatal if they malfunction or lack the appropriate warnings.
Pool accidents: these include drowning deaths or fatal slip and fall accidents that often result from improper supervision or a lack of warning signs.
Workplace accidents: a wrongful death can occur on the job, and may be the result of cancer by toxic exposure or a tragic event such as a construction site accident.
Bicycle accidents: these are common along shoulders and intersections when other drivers fail to yield or do share the road with cyclists.
Animal bites: dog bites and attacks from other animals, especially when children are the victims, can result in death.
Nursing home abuse: when elderly residents are neglected or abused, the results can be an untimely death.
Who Can File a Wrongful Death Claim?
In the state of Illinois, a wrongful death lawsuit can be brought “by and in the names of the personal representatives” of the deceased. The person bringing the suit may be identified as the holder of the deceased’s estate in a will or even appointed by the court, but this person is not necessarily the one who will receive compensation in the lawsuit.
According to the Illinois Wrongful Death Act, monies received through legal action, no matter who brings such action, are for the “exclusive benefit of the surviving spouse and next of kin.” This often includes children, but may also include siblings, parents, and even grandparents.
The best way to determine if you are entitled to file a wrongful death lawsuit is with the help of an experienced attorney. Please call the Chicago wrongful death lawyers at Harvey L. Walner & Associates at 312-800-0000 to schedule your free, one-on-one consultation today.
Damages in a Wrongful Death Lawsuit
The damages sought in a wrongful death lawsuit will be dependent on the role the deceased played in the family. Typically, damages sought will include:
- End of life and funeral expenses
- Projected future wages
- Projected future financial contributions to things such as mortgage and tuition
- Projected retirement and/or 401(k) income
- Future insurance costs
- Loss of companionship or society
- Emotional duress
It is, of course, impossible to place a price on the value of your loved one’s life. However, financial concerns can be taken care of to help guard the future security of your family. In addition, emotional damages caused by your loss can, in many cases, increase your settlement amount. Our wrongful death attorneys will do everything possible and take your case as far as necessary to see that you are awarded every penny you are due.
Wrongful Death Due to Medical Malpractice
In its strictest definition, wrongful death is any loss of life that could have been prevented if another party had acted responsibly. This seems very straightforward, but in medical malpractice cases determining wrongful death requires the experience of a dedicated attorney.
The Chicago medical malpractice lawyers at Harvey L. Walner & Associates, Ltd. Have more than 40 years dealing with these particularly complex cases. In your time of need, we are prepared to establish liability, fight for your rights, and get you the maximum compensation you will require to carry on.
Medical Malpractice Resulting in Death
According to the Institute of Medicine, medical malpractice results in 48,000 – 98,000 preventable deaths in the United States every year. Despite this staggering number, very few medical malpractice cases result in a proper settlement for surviving family members.
There can be a number of causes of wrongful death due to medical malpractice. This may include but is not limited to:
- Surgical errors
- Medication errors
- Missed, delayed, or wrong diagnoses
- Emergency room errors
- Birth injuries
To establish liability, you will need an attorney on your side who knows how to analyze medical records and who has at his disposal the expertise of medical professionals who can find all instances of malpractice.
We work with medical experts to pour over the details of your case. This enables us to build a strong case on your behalf, hold all responsible parties liable, and fight to get you the justice you deserve.
When you lose a loved one to medical malpractice, filing a lawsuit may be the last thing on your mind. It is important to remember however that there is a statute of limitation on these claims, and the medical professionals responsible will be working to limit their liability as soon as the tragedy occurs. Only with an aggressive Chicago medical malpractice attorney on your side can you ensure you are treated fairly and provided the full compensation you deserve.
Contact Experienced Chicago Wrongful Death Lawyers, We Can Help
Your initial call to The Walner Law Group is always free, and we work on a contingency basis. You pay no fees unless we win your case. If you or a loved one has been hurt, and you need help from a Chicago wrongful death lawyer, please call or email us today for a FREE consultation.