Wrongful Death Lawyer Chicago, IL

Legal Assistance With Your Wrongful Death Claim

Our Chicago, IL wrongful death lawyer 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 under such circumstances, we want to help you seek justice and hold those responsible accountable for their actions. Our lawyers are committed to providing you with the best possible legal representation.

Our wrongful death lawyers have the experience necessary 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. At Disparti Law Group, we understand that each case is unique, and we tailor our approach to meet the individual needs of our clients. Contact Chicago’s largest injury law firm today.

Eligibility For Filing A Wrongful Death Claim

Understanding who is eligible to file a wrongful death lawsuit is important for those who have lost a loved one due to the negligence or misconduct of another party. Our firm aims to clarify this often complicated and emotionally charged process. If you’re in Chicago, IL, and facing the aftermath of such a loss, seeking the guidance of our wrongful death attorney 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.

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.

Types Of Compensation In Wrongful Death Cases

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, our attorney can 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.

Common 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 essential for prevention and for seeking justice. Working with our wrongful death attorney 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 attorneys we are committed to helping families manage these challenging 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 necessary 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 bicycle, 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 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, dangerous animals, 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.

Chicago Wrongful Death Infographic

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.

Wrongful Death Law FAQs

How Do I File A Wrongful Death Lawsuit?

The first thing you want to do is to contact our Chicago personal injury lawyer who is experienced in wrongful death claims. These types of actions can be complicated, 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.

Our attorney 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 our lawyer and the at-fault party’s attorneys will try to come up with a fair and just settlement offer. Our 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 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 Mind 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. 

Our empathetic injury lawyer understands 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 from an insurance company too fast. Be sure to avoid agreeing to settlement offers without having our 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. Our legal team 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. 

Chicago Wrongful Death Glossary

At Disparti Law Group, our Chicago wrongful death attorney is committed to helping families understand each step involved in a wrongful death case. When you’ve lost someone close due to another party’s misconduct, knowing the legal terms used in your case can make the legal process more manageable. This glossary outlines some of the key phrases you may encounter as we work together toward accountability and compensation.

Personal Representative

The personal representative is an individual appointed to handle the affairs of the deceased person’s estate. In wrongful death lawsuits, this person may also be the one legally permitted to file the claim. The personal representative acts on behalf of surviving family members or beneficiaries. This role may involve filing court documents, managing estate-related responsibilities, and representing the family’s interests during settlement negotiations or at trial. Depending on the situation, this person could be a family member or an attorney designated by the court.

Surviving Beneficiaries

Surviving beneficiaries refer to the individuals who may receive compensation from a wrongful death claim. These typically include spouses, children, parents, or others who depended on the deceased for emotional or financial support. Identifying who qualifies as a beneficiary depends on the family’s structure and state laws. These parties are directly impacted by the loss and may be entitled to compensation for loss of companionship, household contributions, and lost future income the deceased would have provided.

Putative Spouse

A putative spouse is someone who reasonably believed they were legally married to the deceased, even if the marriage was not legally recognized. In some cases, the law may allow a putative spouse to file a wrongful death claim or receive a portion of the compensation. The rationale is that the relationship involved financial dependency or shared life responsibilities, similar to a legal marriage. Courts evaluate these cases individually, considering the history of the relationship and the shared life between the deceased and the partner.

Loss Of Consortium

Loss of consortium refers to the deprivation of benefits that a family relationship would normally provide, such as affection, companionship, comfort, and support. This term is most commonly used when a spouse or close family member files a wrongful death claim. The claim compensates for the emotional and practical impact of losing a loved one’s presence in daily life. It can also apply in cases where parents or children experience a loss of meaningful interaction due to the death.

Constructive Trust

A constructive trust is a legal tool sometimes used in wrongful death cases to manage and distribute compensation awarded through a claim. This type of trust ensures that funds go to the appropriate beneficiaries, especially when multiple family members are involved or there is disagreement over entitlement. Courts may use a constructive trust when it’s necessary to separate the distribution of compensation from other estate matters. It acts as a safeguard to make sure compensation reaches the intended recipients.

If your family is facing a wrongful death case in Chicago, IL, our team at Disparti Law Group is ready to help you take the next step forward. Contact us today to speak with a wrongful death attorney about your case.

Disparti Law Group, Chicago Wrongful Death Attorney

121 W Wacker Drive, Suite 2300 Chicago, IL 60601

Contact Our Chicago Law Firm 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 Chicago’s biggest injury law firm, Disparti Law Group has experience and a track record you can trust. Contact our office to schedule a free consultation with our wrongful death lawyer. We are one of the top reviewed legal groups in the Chicago area and are ready to win for you.