Wrongful Death Lawyer Chicago, IL
At Disparti Law Group Accident & Injury Lawyers, our team of compassionate and experienced lawyers in Chicago, IL, understands that losing a loved one due to someone else’s negligence or misconduct is a tragic and devastating experience. If you have lost a family member in such circumstances, we want to help you seek justice and hold those responsible accountable for their actions. We specialize in handling wrongful death cases, and our lawyers are committed to providing you with the best possible legal representation.
Table Of Contents
- Causes Of Wrongful Death
- Wrongful Death Infographic
- Who Can File A Wrongful Death Lawsuit?
- Eligibility To File A Claim
- Considerations And Limitations
- Wrongful Death Compensation
- Types Of Compensation In Wrongful Death Claims
- Factors Influencing The Amount Of Compensation
- How We Can Help With Your Wrongful Death Case
- Chicago Wrongful Death Law Statistics
- Chicago Wrongful Death Law FAQs
- Disparti Law Group Accident & Injury Lawyers Chicago Wrongful Death Lawyer
- Schedule Your Wrongful Death Consultation Today
Our wrongful death lawyers have the expertise and experience necessary to navigate the complex legal landscape surrounding these cases. We are dedicated to helping our clients through every step of the legal process, from filing a claim to negotiating a settlement or taking a case to trial. We understand that each case is unique, and we tailor our approach to meet the individual needs of our clients.
Causes of Wrongful Death
Wrongful death is a tragic and deeply impactful occurrence that leaves a lasting imprint on the lives of those affected. It refers to a situation where a person’s death is caused by the negligence or misconduct of another individual or entity. Understanding the various causes of wrongful death is crucial for prevention and for seeking justice. If you’re in Chicago, IL, and have been affected by such a loss, working with a wrongful death lawyer, like those at Disparti Law Group Accident & Injury Lawyers, can be a vital step in finding closure and compensation.
Medical Malpractice
One of the leading causes of wrongful death is medical malpractice. This occurs when a healthcare professional, such as a doctor or nurse, fails to provide the standard of care expected in their profession, leading to the patient’s death. Examples include misdiagnosis, surgical errors, medication mistakes, and neglect in post-operative care. In such cases, we understand the importance of holding responsible parties accountable. As experienced wrongful death lawyers in Chicago, IL, we at Disparti Law Group Accident & Injury Lawyers are committed to helping families navigate these complex situations.
Workplace Accidents
Workplace accidents are another common cause of wrongful deaths. These incidents often occur in high-risk industries like construction, manufacturing, and transportation. Common factors include inadequate safety measures, faulty equipment, and lack of proper training. When such negligence results in a fatal accident, it’s crucial to seek legal assistance. Our team is experienced in handling cases where workplace negligence leads to tragic outcomes, ensuring that the rights and interests of the deceased’s family are protected.
Vehicle Accidents
Vehicle accidents, including car, truck, and motorcycle accidents, are a leading cause of wrongful deaths. These accidents can be caused by various factors such as drunk driving, reckless driving, and failure to obey traffic laws. When a loved one is lost due to another’s negligent driving, it is our duty to assist the family in seeking justice. We provide comprehensive legal support to ensure that those responsible are held accountable.
Defective Products
Defective products can also lead to wrongful deaths. These products may include faulty medical devices, dangerous pharmaceuticals, or improperly manufactured consumer goods. When a product fails and causes a fatality, the manufacturer or distributor may be liable. Our team at Disparti Law Group Accident & Injury Lawyers is skilled in investigating these cases and bringing forth claims against those responsible for putting dangerous products into the hands of consumers.
Premises Liability
Premises liability involves accidents that occur on someone else’s property due to unsafe conditions, such as slip and fall accidents, inadequate security, or structural defects. Property owners have a duty to ensure their premises are safe for visitors. If this duty is breached, leading to a fatality, it is critical to pursue legal action. Our lawyers have extensive experience in premises liability cases, helping families get the justice and compensation they deserve.
Wrongful Death Infographic
Who Can File A Wrongful Death Lawsuit?
Understanding who is eligible to file a wrongful death lawsuit is crucial for those who have lost a loved one due to the negligence or misconduct of another party. This guide aims to clarify this often complex and emotionally charged process. If you’re in Chicago, IL, and facing the aftermath of such a loss, seeking the guidance of a wrongful death lawyer, such as those at Disparti Law Group Accident & Injury Lawyers, is an essential step.
Wrongful death claims are legal actions taken when someone’s death is caused by the wrongful act, negligence, or breach of contract of another person or entity. The purpose of these lawsuits is to provide financial support and compensation for the survivors who depended on the deceased for emotional and financial support.
Eligibility to File a Claim
Immediate Family Members
In most cases, immediate family members are the primary eligible parties to file a wrongful death lawsuit. This typically includes spouses, children (including adopted children), and parents of unmarried children. These family members often suffer the most direct impact from the loss, both emotionally and financially.
Life Partners and Financial Dependents
In some jurisdictions, life partners, putative spouses, or anyone who was financially dependent on the deceased may also have the right to file a wrongful death claim. This inclusion recognizes the diverse family structures and dependencies that exist in modern society.
Distant Family Members
In certain situations, more distant family members, such as siblings or grandparents, may be eligible to file a wrongful death lawsuit. This usually happens if they can demonstrate a significant impact due to the loss of the deceased.
Legal Representatives
In some cases, the executor or personal representative of the deceased’s estate may file the claim on behalf of the family or the estate. This allows the lawsuit to proceed even if immediate family members are unable or unwilling to file the claim themselves.
Considerations and Limitations
Statute of Limitations
It’s important to be aware of the statute of limitations for filing a wrongful death lawsuit. This varies by state, but typically there is a limited window from the date of the person’s death to file a claim. Missing this deadline can mean losing the right to seek compensation.
Proving Negligence or Liability
To succeed in a wrongful death lawsuit, it is necessary to prove that the death was caused by the negligence, recklessness, or deliberate action of another party. This requires gathering and presenting evidence that establishes a direct link between the actions of the defendant and the death.
Wrongful Death Compensation
When a loved one is lost due to the negligence or misconduct of another, the surviving family members may be entitled to compensation for their profound loss. This compensation aims to provide financial support and to some extent, closure, for those left behind. As wrongful death lawyers in Chicago, IL, at Disparti Law Group Accident & Injury Lawyers, we’re dedicated to helping families understand and navigate the complexities of wrongful death compensation.
Types of Compensation in Wrongful Death Claims
Economic Damages
- Medical and Funeral Expenses: Compensation for any medical costs incurred due to the incident leading to death, and funeral expenses.
- Loss of Income and Benefits: This includes the deceased’s expected earnings over a lifetime, benefits such as health insurance, and retirement savings.
- Loss of Inheritance: Potential inheritance lost due to the untimely death.
- Value of Services: Compensation for services the deceased would have provided, such as childcare, home maintenance, and other domestic contributions.
Non-Economic Damages
- Pain and Suffering of the Deceased: Compensation for the pain and suffering the deceased may have experienced before death.
- Loss of Companionship and Love: Compensation for the loss of the relationship, including the emotional support and companionship the deceased provided.
- Mental Anguish: Compensation for the psychological impact on surviving family members due to the loss.
Punitive Damages
In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar actions in the future.
Factors Influencing the Amount of Compensation
- Age and Health of the Deceased: Younger victims with longer expected lifespans may result in higher compensation.
- Earning Capacity: The deceased’s current and potential future earnings play a significant role in calculating compensation.
- Relationship to the Survivors: The nature of the relationship between the deceased and the claimant affects the amount awarded for non-economic damages.
- Contributory or Comparative Negligence: If the deceased is found to be partially at fault, it may reduce the compensation amount.
Losing a loved one in a wrongful death incident is an unimaginable tragedy. While no amount of money can replace the loss, obtaining fair compensation can provide financial stability and a sense of justice. If you are facing such a loss in Chicago, IL, let us at Disparti Law Group Accident & Injury Lawyers help you through this difficult time. Our team is committed to ensuring that your rights are protected and that you receive the full compensation you deserve. Contact us to discuss your case and take the first step towards securing the support and justice your family needs.
How We Can Help With Your Wrongful Death Case
We Will Make Sure All Of The Paperwork If Filed Properly
Not only is there a crucial statute of limitations that you need to follow in order to have a valid case, but there is a lot that needs to be filed throughout the course of a wrongful death case. It can be difficult for family members to keep revisiting the details of the unfortunate death. This is one reason a wrongful death lawyer from Disparti Law Group Accident & Injury Lawyers can be incredibly useful to have on your side. We will discuss the details of your case at our first meeting, then only contact you when we have further questions.
We Will Investigate What Happened
Often, wrongful death cases are not super straightforward. It is the duty of the prosecution to prove that the defendant was negligent in a way that caused the death. Our lawyers know how to investigate your case and what a judge may want to see offered as proof in a case. This can involve having expert witnesses testify on your behalf or hiring a team of investigators to look at the scene of the accident to see if there is any proof that you can use in court. This is why it is always crucial to speak with a wrongful death lawyer as soon as possible after the accident. Important evidence may need to be collected in order to prove your case. The sooner you reach out to someone who will do this for you, the more likely you will be able to collect damages and receive a small form of justice.
We Will Calculate The Damages
It can be difficult to figure out damages for a Chicago wrongful death case, as some of them are not numbers that are set in stone. For example, it is easy to calculate the damages you and your family incurred due to medical bills and funeral expenses, but the future lost wages and emotional turmoil you want to file for can be much harder to figure out. This is where an experienced wrongful death lawyer will come in handy.
A good wrongful death lawyer, like one from Disparti Law Group Accident & Injury Lawyers, will help you get more compensation than you were initially offered. Often, even in wrongful death cases, insurance companies will offer a small amount of compensation that will be far less than what you could potentially get and deserve. Your lawyer will do his or her best to get the maximum compensation for your case. You should not have to worry about finances on top of everything else, so it is important to make sure that you get a fair amount of compensation. Reach out to a wrongful death lawyer today to set up a consultation and go over everything that you have been through. The damages will include those that have already occurred as well as any future damages that you and your Chicago lawyer may foresee.
We Will Focus On The Case While You Focus On Your Family
Wrongful death cases are particularly difficult because you are in the midst of grieving the loss of a loved one while going through a lawsuit. This is why it is imperative to hire an experienced wrongful death lawyer to go over your case and make sure that you do all of the necessary paperwork and everything you need to file for compensation. Sadly, there is nothing any of us can do to bring your loved one back, but you absolutely deserve compensation for your loss.
We know that it is difficult to focus on a case while you are grieving. This is a crucial time to be with your family and help everyone heal from the loss of your loved one. A death that could have been prevented or that happened due to the negligence of someone else is particularly traumatic, so it is a time when people need to stick together and help one another heal. Whether this involves going to therapy, having gatherings surrounded by loved ones, or anything of the like, you should be able to spend the time that you need to heal. This is why a lawyer is so helpful. Your wrongful death lawyer will handle all of the legal business while you focus on other things. We will make sure that you do not miss the statute of limitations for filing and that you are able to move forward with your case. We will also know how to do things so that the case moves forward as quickly and smoothly as possible so that you do not have to keep revisiting everything.
Chicago Wrongful Death Law Statistics
According to Centers for Disease Control and Prevention (CDC) statistics there were over 200k unintentional injuries from falls and poison leading to death in the United States. The NHTSA reported that 4 years ago, almost 39K lives were lost in traffic crashes nationwide.
Chicago Wrongful Death Law FAQs
How Do I File A Wrongful Death Lawsuit?
The first thing you want to do is to contact a personal injury lawyer who is experienced in wrongful death claims. These types of actions can be complex, and you want to make sure the attorney handling your case is well-versed in this area of law. It is particularly important that your attorney determines what the statute of limitations is for filing the claim because once that period has ended, so too has your chance for damages.
Your wrongful death lawyer in Chicago, IL will determine who all responsible parties are and file the lawsuit. Once all parties have been notified, there is usually a time period of negotiations where your lawyer and the at-fault party’s attorneys will try to come up with a fair and just settlement offer. Your lawyer will not make any decisions without discussing them with you and your family first.
If no settlement can be reached, the lawsuit will proceed to trial. Both sides will present their case to a judge and jury. The jury will then decide if the party or parties named in the lawsuit are responsible for the victim’s death, and if they are, then how much the victim’s family should be awarded.
How Do I Know Who Was Responsible For The Accident?
Based on what you learn about the accident, it may be easy or more difficult to identify who was responsible. With help from our Chicago lawyer’s wrongful death team, families may want to consider what other parties could have contributed to their relative’s cause of death. Those who may have been liable for the wrongful death include an individual, employer, company, partnering organization, or other such parties. Accidents can have more than one person at fault, so it’s worth taking the time to have a lawyer investigate further.
What Else Should I Keep In Mins During This Time?
Dealing with the wrongful death of a loved one can be terribly tough on surviving family members. Not only did you lose someone you care about dearly, but they were taken too soon because someone else was careless. In order to hold that person accountable for their actions, there are certain things you should try to avoid doing as your case is proceeding. Perhaps the most emotionally important thing is to avoid disputes between other family members. The tragedy that just ensued in your family can cause immense tension between everyone involved. It can prompt heated conversations, especially if there are difficult decisions to be had.
As your empathetic wrongful death lawyer Chicago, IL families depend on Disparti Law Group Accident & Injury Lawyers understand, that you and your family will be in a state of mind that is unfamiliar and hard to process. Listen to and trust one another, as arguing is only going to make things more painful. There may be disagreements, but they can be fueled by being in a state of grief.
Is It In My Best Interest To Accept A Settlement Offer?
Along with trying to stay peaceful between all family members and considering all the parties who may be at fault, it is imperative that you do not accept a settlement offer too fast. Be sure to avoid agreeing to settlement offers without having your lawyer calculate a restitution amount that covers your damages. By filing a wrongful death lawsuit in honor of your loved one taken too soon, you may eligible to receive damages such as:
- Loss of financial contribution
- Funeral and burial costs
- Medical expenses
- Loss of companionship
- Pain and suffering prior to death
What If I’m Not Ready To Take On This Case?
Right now you may feel like taking on a legal case is just too much, but rest assured, we are equipped to help you navigate this turbulent time. We can imagine how awful it is to keep revisiting the topic of your loved one taken too soon, so we will handle the legal aspect of the case and only ask questions or share information when we absolutely need to, or as you prefer. A Chicago wrongful death lawyer will need time to review your case, investigate the accident, and complete other tasks to make your case as strong as possible. We hope you call us now for legal support.
Disparti Law Group Accident & Injury Lawyers Chicago Wrongful Death Lawyer
121 W Wacker Drive, Suite 2300 Chicago, IL 60601
Schedule Your Wrongful Death Consultation Today
Dealing with the wrongful death of a loved one can be terribly tough on surviving family members. Not only did you lose someone you care about dearly, but they were taken too soon because someone else was careless. In order to hold that person accountable for their actions, there are certain things you should try to avoid doing as your case is proceeding. Perhaps the most emotionally important thing is to avoid disputes between other family members. The tragedy that just ensued in your family can cause immense tension between everyone involved. It can prompt heated conversations, especially if there are difficult decisions to be had.
As your empathetic wrongful death lawyer Chicago, IL families depend on Disparti Law Group Accident & Injury Lawyers understand, that you and your family will be in a state of mind that is unfamiliar and hard to process. Listen to and trust one another, as arguing is only going to make things more painful. There may be disagreements, but they can be fueled by being in a state of grief.