Understanding Wrongful Death Claims in Des Plaines, Illinois
Losing a loved one is one of the hardest experiences any family can face. When someone’s passing is caused by another person’s carelessness or wrongdoing, Illinois law allows certain family members to seek justice through a wrongful death claim. This legal action is meant to hold the responsible party accountable and provide financial support to those left behind.
A wrongful death claim is a lawsuit brought when someone dies because of another person’s negligent or intentional act. In Des Plaines and throughout Illinois, these cases can arise from car accidents, medical mistakes, unsafe workplaces, or even dangerous products. The law recognizes that families not only suffer emotionally, but often face financial hardship after such a loss.
In Illinois, the Wrongful Death Act sets out the rules for these cases. The claim is usually filed by a close family member, such as a spouse, child, or parent of the person who died. The goal is to recover money for things like lost income, funeral costs, and the emotional pain of losing a loved one.
Our law firm is here to help families in Des Plaines understand their rights and options. We know this is a difficult time, and we are committed to providing clear guidance and strong support every step of the way. To start free case evaluation on your case, contact us now and take the first towards towards the compensation you deserve for your loss.
What is a Wrongful Death Claim?
A wrongful death claim is a special type of lawsuit that helps families seek justice after losing someone due to another’s careless or intentional actions. Unlike criminal cases, which are brought by the government, wrongful death claims are filed by the family or estate of the person who has passed away.
These claims can arise from many situations, such as car crashes, workplace injuries, medical errors, or even unsafe property conditions. The main purpose is to provide financial help to the family and to make sure the responsible party is held accountable.
In Illinois, there are specific rules about who can file a wrongful death claim and what types of damages can be recovered. The law is designed to help families recover costs like funeral expenses, lost earnings, and the loss of companionship.
If you believe your loved one’s death was caused by someone else’s actions, our team can review your case and explain your options. We handle all the legal details, so you can focus on healing and remembering your loved one.
Who Can File a Wrongful Death Lawsuit in Illinois?
In Illinois, the right to file a wrongful death lawsuit is given to certain close family members. Usually, the spouse or children of the person who died can bring a claim. If there is no spouse or child, the parents or other next of kin may have the right to file.
The law requires that a personal representative, often named in the will or appointed by the court, files the lawsuit on behalf of the family. This person acts in the best interests of all those who are entitled to receive compensation.
It is important to know that only one wrongful death lawsuit can be filed for each person who has died. The court will decide how any money recovered is divided among the family members, based on their relationship to the deceased and their level of dependence.
Our attorneys can help you determine who should file the claim and guide you through each step. We make sure your family’s interests are protected and that your loved one’s story is heard.
Illinois Wrongful Death Act: Your Legal Rights
The Illinois Wrongful Death Act is the law that allows families to seek compensation when a loved one dies due to another’s fault. This law sets out who can file a claim, what damages can be recovered, and the time limits for taking legal action.
Under the Act, families can recover money for both financial and emotional losses. This includes the loss of income the deceased would have earned, medical and funeral expenses, and the emotional pain of losing a loved one’s support and companionship.
There are strict deadlines for filing a wrongful death claim in Illinois. In most cases, you have two years from the date of death to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation.
We are here to help you understand your rights under the Illinois Wrongful Death Act. Our team will explain the law in simple terms and help you take the right steps to protect your family’s future.
Common Causes of Wrongful Death
Car Accidents
Car accidents are one of the most common reasons for wrongful death claims in Illinois. These tragedies often happen when a driver is careless, such as by speeding, texting while driving, or driving under the influence of alcohol or drugs. Sometimes, the cause can also be a problem with the road or a defect in the vehicle. When a loved one dies in a car crash, the family may be able to take legal action against the person or company responsible for the accident.
Medical Malpractice
Medical malpractice can lead to wrongful death if a doctor, nurse, or other healthcare worker makes a serious mistake. This could include giving the wrong medicine, making an error during surgery, or failing to diagnose a serious illness. If another medical professional would have acted differently and the mistake led to someone’s death, the family can consider a wrongful death claim against the healthcare provider or hospital.
Workplace Accidents
Workplace accidents are another frequent cause of wrongful death, especially in jobs that involve construction, factories, or working with heavy machinery. These accidents can happen because safety rules were not followed, equipment was faulty, or dangerous chemicals were present. If a loved one dies while working because the employer or someone else did not keep the workplace safe, the family may have the right to seek compensation.
Defective Products
Sometimes, a product does not work the way it should and causes someone’s death. This can happen with cars, household appliances, toys, or even medicines. If a person was using the product as intended and it was found to be unsafe or poorly made, the family can file a wrongful death claim against the company that designed, made, or sold the product.
Truck Collisions
Truck collisions are especially dangerous because trucks are much larger and heavier than regular cars. These accidents can be caused by tired drivers, overloaded trucks, poor maintenance, or mistakes by the trucking company. When a loved one dies in a truck crash, the family might be able to hold the truck driver, the trucking company, or others involved responsible for their loss.
Premises Liability Incidents
Premises liability means that property owners must keep their land and buildings safe for visitors. If someone dies because of unsafe conditions—like a slippery floor, broken stairs, or an unguarded swimming pool—the family may have a wrongful death claim. The property owner can be held responsible if they did not fix a dangerous situation or warn people about it.
Wrongful Death Case Statistics Illinois
Types of Compensation in Wrongful Death Cases
Families who file a wrongful death claim may be entitled to several types of compensation. Economic damages are meant to cover the financial losses caused by the death. This includes lost wages, medical bills, and funeral expenses.
Non-economic damages are also important. These cover the emotional pain and suffering experienced by the family, such as the loss of companionship, guidance, and support. While money cannot replace a loved one, it can help ease the financial burden and recognize the impact of your loss.
In some cases, the court may also award punitive damages. These are meant to punish the wrongdoer for especially reckless or harmful behavior and to send a message that such actions will not be tolerated.
Our attorneys work hard to make sure you receive the full compensation you deserve. We carefully review every detail of your case and fight for your family’s rights at every stage.
Our Approach to Wrongful Death Cases
Every family’s situation is unique, and we believe your legal strategy should be too. When you come to us, we take the time to listen to your story and understand your needs. We treat every client with respect and compassion.
Our team conducts a thorough investigation into the cause of your loved one’s death. We gather evidence, speak with witnesses, and work with experts to build a strong case. This careful preparation helps us present the strongest possible claim on your behalf.
We are skilled negotiators and experienced trial lawyers. Whether your case is settled out of court or goes to trial, we are committed to fighting for the best outcome for your family. We keep you informed at every step and are always available to answer your questions.
You can trust us to handle the legal details while you focus on remembering your loved one. Our goal is to provide peace of mind and help your family move forward.
Why Choose Us as Your Des Plaines Wrongful Death Lawyers?
Choosing the right lawyer can make a big difference in your case. Our firm has decades of combined experience handling wrongful death claims in Des Plaines and across Illinois. We know the local courts, judges, and insurance companies, and we use this knowledge to your advantage.
We have a strong record of successful outcomes, including high settlements and verdicts for our clients. Our lawyers are respected for their skill, dedication, and honesty. We treat every client like family and take pride in helping people during difficult times.
There are no upfront fees when you work with us. We only get paid if we win your case, so you have nothing to lose by reaching out. Our team is available 24/7 to answer your questions and provide support.
Let us put our experience to work for your family. We are ready to stand by your side and fight for the justice and compensation you deserve.
Frequently Asked Questions (FAQs)
What qualifies as wrongful death in Illinois?
A wrongful death happens when someone dies because of another person’s careless or intentional actions. This can include car accidents, medical mistakes, workplace injuries, or unsafe products.
Who can file a wrongful death lawsuit in Des Plaines?
Usually, the spouse, children, or parents of the person who died can file a claim. The lawsuit is filed by a personal representative on behalf of the family.
What is the statute of limitations for wrongful death claims in Illinois?
In most cases, you have two years from the date of death to file a lawsuit. There are some exceptions, so it’s best to speak with a lawyer as soon as possible.
How is compensation determined in a wrongful death case?
Compensation is based on factors like lost income, medical bills, funeral costs, and the emotional impact on the family. The court may also consider the relationship between the deceased and the family members.
What evidence is needed to prove wrongful death?
Evidence can include police reports, medical records, witness statements, and expert opinions. Our team will help gather all the necessary proof to build a strong case.
How long does a wrongful death lawsuit take?
Every case is different. Some claims settle quickly, while others may take longer if they go to trial. We will keep you updated throughout the process.
Can I file a wrongful death claim if the deceased had no will?
Yes. A claim can still be filed even if there is no will. The court will appoint a personal representative to handle the case.
What is the difference between wrongful death and survival action?
A wrongful death claim seeks compensation for the family’s losses, while a survival action recovers damages the deceased could have claimed if they had survived.
Will my case go to trial, or can it be settled out of court?
Many cases are settled without going to trial, but we are prepared to go to court if needed to get the best result for your family.
How much does it cost to hire a wrongful death lawyer in Des Plaines?
We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case.
What should I bring to my first consultation?
Bring any documents related to your loved one’s death, such as police reports, medical records, and insurance information. We will review everything and answer your questions.
Contact Our Des Plaines Wrongful Death Attorney Today
If you have lost a loved one and believe someone else is responsible in Des Plaines, Illinois, contact Phillips Law Offices. Call us today (312) 598-0917 for a free consultation. You can also fill out our contact form, and we will get back to you quickly.
Our office is located in nearby Des Plaines, and we are available 24/7 to answer your questions.
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