Chicago Wrongful Death Lawyers
We Can Help Your Family Recover Damages After Tragedy
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 negligent conduct of a person or entity results in the preventable death of another person. 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 Walner Law®, we empathize with our clients whose family member has suffered a wrongful death. No amount of money can bring that person back but recovering compensation can ease your 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 can file a wrongful death lawsuit.
Those who may file are the victim’s:
- Surviving spouse
Common Causes of Wrongful Death
While there are a number of accidents and incidents that can result in 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, 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 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 Walner Law® at (312) 313-2888 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 retirement and/or 401(k) income
- Future insurance costs
- Loss of companionship or society
- Emotional duress
- Projected future financial contributions to things such as mortgage and tuition
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. In medical malpractice cases, determining wrongful death requires the experience of a dedicated attorney.
The Chicago medical malpractice lawyers at Walner Law® 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.
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 medical experts available.
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 limitations on these claims. 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
In the state of Illinois, wrongful death lawsuits can be filed by the administrator of the estate. In the absence of a will, the administrator of the estate is generally a spouse or child, though parents and other family members may also be eligible to file suit. The best way to determine if you are entitled to file a wrongful death lawsuit is by having your case evaluated by one of our Chicago wrongful death attorneys.
If you have lost a loved one in an accident in or around Chicago, Illinois, please contact Walner Law or call (312) 313-2888 to schedule a free consultation with a wrongful death lawyer today.
More Than One Dependent
In instances where more than one dependent will benefit from a wrongful death settlement, multiple parties may be involved in legal action. However, it is often simpler and more efficient to have a single party appointed as administrator of the estate.
Every case is unique and each family has specific needs that will require addressing following the loss of a loved one. Our attorneys can work with you personally and fight for your rights to help you get the justice you deserve.
For more information about your rights following the loss of a loved one in an accident, please contact our experienced attorneys to schedule a free consultation.
Your initial call to Walner Law® is always free, and we work on a contingency basis. You pay no fees unless we win your case.
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Loss of Legs in a Conveyor Belt Accident $23.5 Million
Wrongful Death of a Mom with 4-Year-Old Child $11 Million
Loss of Foot After Cement Truck Accident $10 Million
Severe Brain Injury from Unmarked Dump Truck 7 Figures
Verdict against a utility company and a municipality for leaving a dumpster on the street without any reflectors or lights, causing the client’s vehicle to strike the dumpster and our client to sustain a severe brain injury.
Wrongful Death in Swimming Pool Accident 7 Figures
Swimming pool accident causing the death of a 12-year-old child.
Mass Tort Against Municipality & Chemical Company 7 Figures
Lead counsel in a mass tort action against a municipality and a chemical company.
Wrongful Death from a Motor Vehicle Accident $250,000
Motor Vehicle Accident: Neck, Back, Shoulder, Leg & Arm Injury $170,000
Experience on Your Side
Our family-run law firm has more than 75 years of experience standing up for the rights of injured people and families across Chicago.
Thousands of Clients Helped
Our firm has helped over 10,000 clients get the justice they deserve since we opened our doors in 1961.
A Proven Record of Results
Our firm has recovered over $100 millions for our clients and is committed to maximizing your recovery.
We are committed to treating all clients with the dignity and respect they deserve, regardless of their potential case value.
An Extensive Network of Support
Our team of more than 45 legal and medical professionals are dedicated to providing our clients with access to medical experts, treatment, and financial assistance.
“Kristin was so knowledgeable and guided me step by step about my options and kept me in the loop about my case.”- Monica
“I chose Walner Law because they made me feel like a very important client and took consideration of my medical injury at the time.”- Denise
“This law firm was very responsive to my needs and very empathetic about my injury.”- Kyle