CHICAGO, IL – Wrongful death cases are one of the leading causes of death in the United States. The CDC reported more nearly 201,000 unintentional deaths in 2020 alone.
The surviving spouse or family member can file a wrongful death claim against the at-fault party for the loss of their loved one. An experienced wrongful death attorney in Illinois will assist you in preparing your lawsuit. Continue to read this week’s blog to learn what to look for in a wrongful death attorney to help you with your claim.
How Does Illinois Law Define Wrongful Death?
Wrongful death occurs from someone’s negligence or wrongful act. Illinois’ Wrongful Death Act provides financial compensation for family members of the victim who have lost income and suffered emotional distress because of their loved one’s death.
A jury will determine whether a person, company or corporation is liable for fair and just damages. The court distributes the recovered amount to the victim’s spouse and next of kin. If there is no close family member of the victim, personal representatives and medical personnel who cared for the victim can receive wrongful death damages because of the victim’s death.
Common Types of Wrongful Death Cases
Wrongful deaths can occur for various reasons, such as work hazards, medical malpractice, defective equipment and auto accidents. While a wrongful death lawsuit cannot bring a loved one back, it can help ease some of the burden by ensuring those responsible are held accountable. It also ensures survivors won’t have to struggle financially.
Some of the most common personal injury accidents covered by The Wrongful Death Act include:
- Car Accidents
Distracted drivers, drunk drivers and others who disregard traffic signals and posted speed limits contribute to auto accidents in Illinois. - Truck Accidents
Trucks are 20 to 30 times larger than passenger vehicles which increases the risk of a painful death in an accident. Large trucks accounted for 9 percent of all fatal collisions in the U.S. - Medical Malpractice
Medical errors, including a failure to monitor anesthesia, can cause wrongful death during surgery and treatment. A doctor or the hospital may be liable for monetary damages if you lose a loved one due to their negligence.Nursing homes must provide adequate staffing levels and follow all necessary protocols and procedures to protect patients. A nursing home and its staff responsible for patient care may be held liable for the death of your loved one if they fail to perform their duty.
What to Look for in a Wrongful Death Lawyer
A wrongful death attorney should have extensive experience and a successful track record recovering compensation when handling your case. They should also be communicative and compassionate and understand what you and your family are dealing with after such a tragic loss.
When researching a wrongful death lawyer near you, you should look for their track record of success in securing compensation, have a consistent online presence to prove their credibility and make sure they have a positive reputation.
You should also reach out to your network and meet with several attorneys before you choose the best one for your case.
Some tips to get you started include:
- Ask friends and family for a referral.
- Check out online reviews.
- Schedule a consultation. Make sure to ask them the following questions:
- How many years of personal injury or wrongful death practice do you and your firm have?
- How many settlements and trials do you have experience with?
- What is your annual wrongful death caseload?
- What is your frequency of handling cases similar to mine?
- How many years of business do you have in the community and region?
- How many years do you have of active membership in bar associations and professional organizations?
- What is the fee structure for the settlement process and do you take a certain percentage?
- Look for specialized knowledge for your case. Ask them about the specific experience they have in wrongful death cases. If your case involves medical malpractice, make sure to find a lawyer with knowledge and experience working on medical malpractice cases.
Contacting a Local Chicago, Illinois Wrongful Death Attorney
Our team of experienced and credible attorneys at the Dinizulu Law Group is here to help you and discuss the circumstances of your loved one’s death, determine liability and help you recover the compensation you deserve.
Get in touch with us by filling out this form or by calling (312) 384-1920 to learn more about our legal services and how we can assist you with your wrongful death case.
