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CHICAGO, IL – Losing a loved one is always devastating, but when their death results from someone else’s negligence or misconduct, the grief can be compounded by a sense of injustice. In Illinois, the law recognizes the impact of such losses and provides a way for surviving family members to seek compensation through a wrongful death claim. Understanding the types of compensation available can help families navigate this difficult process and ensure they receive the support they need.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action filed on behalf of a deceased person whose death was caused by the wrongful act, neglect, or default of another person or entity. In Illinois, these claims are governed by the Illinois Wrongful Death Act (740 ILCS 180/), which allows the deceased’s personal representative to seek compensation for the benefit of the surviving family members.

Who Can Receive Compensation?

In Illinois, the compensation recovered from a wrongful death claim is intended to benefit the surviving spouse and next of kin, which can include:

• The surviving spouse
• Children (including adopted children)
• Parents (if the deceased had no spouse or children)
• Other next of kin in certain circumstances

The personal representative of the deceased’s estate, often a close family member or someone appointed by the court, is responsible for filing the wrongful death claim.

Types of Compensation Available

Compensation in a wrongful death case can be categorized into economic and non-economic damages. Both types are designed to address the various losses suffered by the surviving family members.

Economic damages are intended to cover the financial losses incurred due to the deceased’s death. These can include medical expenses, funeral and burial costs, loss of financial support, loss of inheritance and loss of services.

1. Medical Expenses: Costs for medical care and treatment that the deceased received before their death as a result of the incident.
2. Funeral and Burial Costs: Expenses related to the deceased’s funeral, burial or cremation services.
3. Loss of Financial Support: The income and benefits that the deceased would have provided to their family had they lived. This includes wages, pensions and other financial contributions.
4. Loss of Inheritance: The loss of an inheritance that the deceased would have left to their family members.
5. Loss of Services: The value of household services and contributions that the deceased provided, such as childcare, home maintenance and other family support activities.

Non-economic damages are intended to compensate for the intangible losses that the surviving family members suffer. These can include:

1. Loss of Companionship and Society: The loss of love, affection, companionship and guidance that the deceased provided to their family members.
2. Grief and Sorrow: Compensation for the emotional pain and suffering endured by the surviving family members due to the death of their loved one.

Factors Influencing Compensation

The amount of compensation awarded in a wrongful death claim can vary significantly based on several factors. One factor is the deceased’s age and health. Younger and healthier individuals might have provided financial and emotional support for a longer period of time, potentially resulting in higher compensation. The deceased’s earning capacity including income, career prospects and future earning potential are crucial in calculating economic damages. Another factor is the closeness and dependency of the surviving family members on the deceased. Finally, the nature and severity of the wrongful death act that caused the death can impact the overall compensation.

Statute of Limitations

In Illinois, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased’s death. However, certain circumstances may extend or shorten this timeframe, so it is essential to consult with an experienced wrongful death attorney to ensure the claim is filed promptly.

If you believe you have a wrongful death claim, you should contact a seasoned wrongful death attorney to evaluate your case and guide you through the complex legal process. Next, you should gather relevant documents and evidence including medical records, accident reports, witness statements and financial records. You’ll want to work with your attorney to file a wrongful death claim within the applicable statute of limitations. Finally, your attorney will negotiate with the responsible party or their insurance company, and if necessary, represent you in court to seek a fair settlement or judgment.

Conclusion

The loss of a loved one is irreplaceable, and no amount of compensation can truly make up for such a loss. However, pursuing a wrongful death claim in Illinois can provide financial stability and a sense of justice for surviving family members. Understanding the types of compensation available and working with a knowledgeable attorney can help ensure that your family’s rights are protected and that you receive the support you need during this difficult time.

Call the Dinizulu Law Group at (312) 384-1920 or fill out this form to receive a free initial consultation. If we agree to handle your case, our firm operates on a contingency fee basis which means we get paid for our services only if we recover money for you.

CHICAGO, IL – Navigating the aftermath of a car accident can be overwhelming, especially when it comes to dealing with insurance companies. In Chicago where traffic is dense and accidents occur frequently, understanding the process of communicating and negotiating with insurers is crucial.

Understanding Illinois’ Insurance Laws

Illinois is an at-fault, or tort, state. The driver responsible for an accident is responsible for paying for the injured victim’s damages. To recover compensation, the injured victim will need to file a car accident claim against the at-fault driver’s liability insurance policy. Understanding these laws are critical as they dictate the initial steps you must take after an accident.

Steps to Take After an Accident

There are certain steps you need to take if you were involved in a car crash, including:

• Ensure safety: Before thinking about insurance, make sure all parties involved in the accident are safe and receive necessary medical attention. Safety and health should be top priorities.
• Report the accident: Call local law enforcement so a police report can be taken to document the incident, which is crucial when dealing with insurance claims.
• Gather information: Collect as much information as possible at the accident scene. This includes the contact information of all parties involved, descriptions of the vehicles, license plate numbers and the tag/badge numbers of responding officers.
• Document the scene: Take photographs of the accident scene, including all vehicles involved, any visible damage, road conditions, traffic signs and any injuries.

Communicating with Your Insurance Company

Once the immediate concerns are addressed, you’ll need to contact your insurance company to report the accident. Here are some guidelines for that interaction:

1. Prompt reporting: Notify your insurance company as soon as possible. A delay in reporting can complicate the claims process.
2. Fact-based reporting: When you describe the incident, stick to the facts. Avoid speculating or guessing about what happened.
3. Document your communications: Keep a record of all your interactions with the insurance company, including the names of the agents you speak with, the dates of communication and details of what was discussed.

Handling the Other Driver’s Insurance Company

Dealing with the other driver’s insurer can be more challenging. Be cautious about what information you share with their insurer. You are not obligated to discuss the details of the accident or your injuries to a representative. Decline any request to give a formal statement until you have consulted with an attorney. Be aware that insurance companies will low ball a settlement offer which may not account for all damages, especially if some injuries have delayed symptoms.

Damages, Compensation and Legal Assistance

Compensation in car accident claims may recover various damages, including medical expenses, lost wages, and pain and suffering.

Navigating the insurance landscape after an accident can be difficult and the stakes are high. A skilled attorney can help by evaluating your case, negotating with insurers and provide legal representation.

Contacting a Personal Injury Attorney in Illinois

Dealing with insurance companies after a car accident in Illinois requires a careful and informed approach. By understanding the basics of local insurance laws, taking prompt and appropriate action immediately following an accident and knowing how to communicate effectively with insurance providers, you can significantly improve the handling of your claim.

The specialized attorneys at the Dinizulu Law Group are here to guide you through the process, advocate on your behalf and help ensure that your rights are protected throughout. Whether you’re negotiating a settlement or navigating the complexities law, professional legal guidance is a valuable asset in securing the compensation you deserve.

Call our firm today at (312) 384-1920 or fill out this form to get started today and receive a free consultation.

CHICAGO, IL – The number of Ubers on Chicago roads has drastically increased over recent years as more people choose to use ridesharing platforms for convenience. However, an Uber is just like any other motor vehicle on the road, and riding in one still poses risks.

If your Uber driver is involved in a car crash accident in Chicago, you don’t have to deal with their insurance adjusters who may short you and offer a raw deal. You deserve maximum compensation for your damages after an accident which is where the Dinizulu Law Group is here to help.

Our personal injury lawyers have experience helping injured victims in Chicago. Our attorneys can help you file a personal injury claim and pursue the best legal resource to recover your damages.

What to do When You are an Uber Passenger

Here’s what you should do to boost your chances of a successful Uber car accident claim in Chicago, Illinois:

1. Call 911
   If you are involved in an accident, you should call the police to report it. It’s important to remain calm to report where the accident happened. Ensure you inform the operator if anyone is severely injured or in danger, such as being trapped in a burning Uber.
2. Gather documentation
   Once you’ve called 911, take your time to take pictures and videos of the scene, including license plates, vehicle damage, weather conditions, road conditions, visible injuries or screenshot of ride receipt. Remember to gather the names of all involved drivers and their insurance information, as well as any witnesses at the scene.
3. Seek medical attention
   Seek medical attention after an Uber accident to have documentation of the accident and your injuries. Uber and their insurance carrier, as well as the driver’s insurer, may use this as a defense to argue that you weren’t severely hurt.
4. Contact a personal injury lawyer
   It’s ill-advised to go up against big companies like Uber on your own. If you were injured or find yourself in this position, contact our experienced team of personal injury attorneys to get a clearer picture of your case.

Should you sue the driver or company? 

It can be challenging to determine who is to blame after an Uber car wreck, but in most cases, one may blame the driver or Uber. To sue Uber for a car accident or wrongful death, you must prove that you were on a ride to qualify for the ridesharing company’s $1 million insurance policy. This policy applies during Uber trips and also covers uninsured/underinsured motorist bodily injury.

Other potential liable parties may include vehicle manufacturers, third-party drivers, government entities and Uber riders.

Contact an Uber accident lawyer in Chicago, Illinois

Some of the biggest reasons why ridesharing accidents are complicated are that you may have to deal with various parties. Hiring an Uber accident attorney in Illinois is the best way to gather all the evidence about your injury case. At the Dinizulu Law Group, our legal team will guide you through this process as we protect your rights. We will push for maximum compensation for damages, including medical expenses, lost wages and property damages. Call us at (312) 384-1920 or fill out this form to get started today!

CHICAGO, IL – Summer is here and the weather is changing in Chicago. Motorcyclists are ready for a new change of season and are ready for some fun. However, it’s important to know what steps to take in the event that you’re involved in a serious motorcycle accident. Motorcycle accidents and injuries are normally the most severe amongst motor vehicle accidents.

Estate Planning for Motorcycle Riders

Most bikers think they are invincible and don’t plan for the end of life, especially amongst younger riders. If you’re a regular rider, it’s a good idea to have an estate plan in place. It could be something as simple as a will and a medical power of attorney. You could also add a trust, depending on the amount of assets you have. Having an estate plan in place like a medical power of attorney or a living will is much easier for your lived ones to manage your affairs and make decisions for you in the event you suffer from a catastrophic injury.

Motorcycle Accident Scene

CHICAGO, IL – In Illinois, up to 30% of households have dogs in them which is around 2.3 million dogs in the state (AnimalPatient.com). Irrespective of that, Illinois has the second-highest number of dog bites in the country and the highest dog bite payout in the nation (Chicago Tribune). It’s critical to take certain steps if you or your loved one finds themselves in this situation.

Most Dangerous Dog Breeds

Some dogs are more prone to aggressive behavior. A 16-year analysis conducted by Dogbites.org has found the following dog breeds responsible for the following number of dog bite fatalities in the United States:

• Pitbull – 380 deaths (67%)
• Rottweiler – 51 deaths (9%)
• Mixed breed – 29 deaths (5.1%)
• German shepherd – 24 deaths (4.2%)
• Mastiff/Bullmastiff – 20 deaths (3.5%)
• American bulldog – 18 deaths (3.2%)
• Husky – 10 deaths (2.5%)

Based on these statistics, pitbulls are involved in more dog attacks than any other breed of dog. However, any dog can pose a threat to harm a human.

Common Dog Bite Injuries

Regardless of which breed attacks, a dog bite can lead to severe injuries that often require extensive medical treatment. A study by the Agency for Healthcare Research and Quality (AHRQ) found that during one recent year, dog bites accounted for:

• 316,200 emergency department (ED) visits (866 per day)
• 9,500 hospital stays (26 per day).

Steps to Take After a Dog Bite

There’s a few important steps you must take after a dog bite accident, including:

• Seek medical attention: Dog bites can result in infections, nerve damage, disfigurement, temporary disability/permanent disability and/or emotional distress.
• Document the incident: Photograph your injuries. If you have access to the scene, make sure to take pictures.
• Identification of the dog and owner: Be sure you know which dog bit you and who owned (or had possession) of the dog at the time of the attack.
• Report the bite: Report the incident to your local animal control or police to ensure that the incident has been officially recorded. They may be knowledgeable of who the dog’s owner is, prior dog bites it was involved in, its vaccination records, etc.

Illinois Dog Bite Laws

Illinois is a strict liability dog bite state. Under 510 ILCS 5/16, a dog owner is liable for the full amount of a dog bite victim’s injuries if their dog “attacks, attempts to attack or injures any person” who:

• Is peacefully conducting themselves
• Has a lawful right to be in the place where the incident occurred
• Does not provoke the dog

Illinois’ Animal Control Act allows for recovery for any type of dog attack, not just dog bites Therefore, if you were pushed down, scratched or otherwise hurt, you may still have a viable personal injury claim even if the dog did not bite you.

Liability can attach to either the actual owner of the dog or the person who has in control of the dog at the time of the attack. For example, if an owner left their dog with a neighbor and the neighbor assumed control of the pet, the neighbor could be sued for damages if an attack occurred.

Generally under Illinois law, you have two years from the date of a dog bite in which to file a claim.

In addition to the Animal Control Act, Chicago has a “dangerous dog” or “dangerous animal” ordinance. The goal is to keep dangerous pets away from the public and to prevent dog bites.

Chicago Municipal Code § 7-12-050 defines a “dangerous animal” as one that:

• Bites inflicts injury on, kills, or otherwise attacks a human being or domestic animal without provocation on any public or private property;
• Chases or approaches a human being in “an apparent attitude of attack” more than once, without provocation;
• Has been trained for the purpose of fighting or serving as a guard dog;
• Is any animal that has been found to be a vicious dog under state law.

Ultimately, a local animal control officer will determine whether a dog meets these criteria. If an attack occurs:

• The dog could be euthanized (if it killed or severely injured a person or another animal); or
• The owner could be required to get a dangerous animal license and take other measures, including obtaining a minimum of $100,000 in liability insurance.

Several communities – but not the City of Chicago – have enacted breed-specific “dangerous dog” legislation. It’s important to consult with a skilled dog bite attorney in Illinois regarding the requirements of these breeds.

Chicago has a leash law (Chicago Municipal Code § 10-36-020) which requires dog owners to keep their dog on a leash (no longer than six feet) when in public areas (unless there is a signposted declaring it to be a “dog-friendly area”).

If a dog bites a person or another animal, Chicago Municipal Code § 7-12-090 requires the owner to report the incident to the Animal Care and Control Commission within 24 hours.

What to do After a Dog Attack

If you or a loved one suffers a dog bite or other injuries due to a dog attack, you should take the following steps in order to protect your health and your legal rights:

• Wash any bite wound with hot soap and water right away. Seek immediate medical attention.
• Report the incident to your local animal control office or the police department, especially if you aren’t sure if the dog has a current rabies vaccination.
• Get the name and contact information or the dog’s owner or the person who was in control of the dog at the time of the attack. You should also get the names and contact information of anyone who witnessed the incident.
• Take photos.
• Keep and do not wash any clothes you were wearing when the attack occurred.
• Gather and store copies of any medical bills from any other dog bite-related expenses you have incurred.
• Take a moment and write down everything you can remember about the dog bite incident, make a note of where it happened, who appeared to be in control of the animal and what you did immediately before and after the attack.

Contact a Dog Bite Attorney in Chicago, Illinois

Get in touch with a personal injury attorney without delay in order to learn more about your rights and legal options. The skilled team of dog bite lawyers at the Dinizulu Law Group are here to provide legal assistance to you or a family member who has been bitten or attacked by a dog in Illinois.

Call us at (312) 384-1920 or fill out this form to get started with your free consultation today!