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Almost one in three individuals in the US reported that the unexpected death of a loved one was the very worst life event they’ve ever experienced. Sadly, wrongful death situations occur regularly, and the irreversible impacts are usually completely devastating for everyone impacted by the loss.
While nothing can replace what you’ve lost, it still might be a good idea to consider your legal options if you experience a similar situation.
A wrongful death attorney in Chicago, IL can help you go over what happened to determine if you possibly have the basis to seek out a legal claim for recovery. Under the right circumstances, you can recover financial compensation to reimburse you for any losses you experience after the ordeal. This compensation should cover any funeral expenses, burial costs, a loss of financial support, emotional distress, and more. Here at Kermani LLP, we can take on the legal aspects of your situation while you focus on what’s most important – grieving from your loss.
Common Causes of Wrongful Death in Chicago
While all fatalities can feel wrongful, there are only specific situations under the law that will allow you to pursue a compensation claim. Wrongful death claims always revolve around negligent acts leading to death. Negligence, under the law in Chicago, happens when one party has a legal duty to provide for the safety and care of another person and fails to uphold that duty. The most common causes of wrongful death claims include:
- car accidents;
- medical malpractice;
- slip and fall accidents;
- work-related accidents;
- defective products;
- motorcycle accidents;
- pedestrian collisions;
- intentional acts of violence;
- traffic collisions.
Legal Rights and Eligibility to File a Claim
After experiencing a family member’s untimely death, no amount of financial compensation can help you emotionally cope with the situation. Despite that, it’s still important for you to understand and leverage your legal rights if you’re eligible to file a wrongful death lawsuit.
When someone else’s negligence or recklessness caused your loved one’s fatal accident, you have the right to file a claim against that party. That party will be responsible for the losses you suffer due to your loved one’s passing. Those losses include economic damages, like any funeral costs and burial expenses, and non-economic damages, like emotional distress.
In general, you’ll be eligible to file a claim when someone else has a legal duty to provide for the care and safety of your loved one and they failed to do so.
Statute of Limitations for Filing a Claim in Illinois
In the initial days and weeks after losing your loved one, life can feel like a blur. Before you know it, time will have continued to move on despite you feeling stuck in your grief. Despite this fact, you only have a limited amount of time to consider filing a legal claim after your loved one’s fatal accident. Statute of limitations laws in Illinois provide you with a two-year window to seek legal action. If you wait longer than that, then you may not be eligible to receive any compensation at all.
Navigating Wrongful Death Claims
Deciding to take wrongful death legal action is one thing, but actually going through the process of navigating the steps is another. Proving wrongful death in Chicago often requires a significant time investment. You’ll need to research the law, collect evidence, possibly investigate what happened, file the right paperwork, and even negotiate with the other party or an insurance adjuster. You’ll also need to properly value your claim to ensure that you don’t accept a settlement award that’s less than what you deserve.
After a wrongful death due to accidents caused by someone else, it usually makes the most sense to simply hire a lawyer to handle these aspects for you.
Financial Compensation in Wrongful Death Claims
In a typical case, the wrongful death compensation you’re entitled to will match the losses you experience. Wrongful death settlement amounts can vary widely based on the circumstances of the accident. Damages recoverable in wrongful death cases include economic damages, which are the financial losses you suffer, and non-economic damages, like the emotional distress you may be experiencing. To properly value your claim, you’ll want to consider not only your current level of losses but your potential long-term ones, too. For instance, if your loved one left behind children, then they could be entitled to damages in the form of a loss of financial support.
How Kermani LLP Supports Your Wrongful Death Claim
Wrongful death claims are very complicated considering the extent of your losses. In most situations, it’s best to hire a Chicago wrongful death attorney to help you navigate the challenges you’ll face. Here at Kermani LLP, our team of attorneys has plenty of experience handling wrongful death situations, so we know we can help you get justice in your situation. Below, we’ll go over a few unique ways that our firm will support you and your case.
Our Approach to Securing Justice
Our wrongful death lawsuit attorneys here at Kermani LLP take a solid, aggressive approach to wrongful death claims. We understand the gravity of the situation, so we’ll take an equally strong approach to representing you throughout the process.
We take the time to intensely listen to how your recent loss has impacted your life and your family’s future. We want to make sure that we build up the strongest possible case with a ton of evidence upfront. Doing this helps speed up the negotiation process and helps ensure that you receive a fair settlement.
Our team also understands that you’re already suffering financially. That’s why our payment arrangements allow you to get the representation you need without having to pay too much money upfront.
Why Choose Kermani LLP as Your Legal Advocate
As you go through the process of choosing an attorney, you want to make sure that your lawyer has the right experience, expertise, past case results, and past reviews from clients. Vetting your Chicago wrongful death attorney is important because they’ll be your primary representative and advocate throughout the process. A poor attorney could cost you and even put your case at risk. At worst, a bad attorney could lead you to accept a settlement that’s far less than what you deserve.
Schedule a Free Consultation with Our Expert Team
Losing a loved one is traumatic, and the financial losses you experience as a result of your loved one’s passing may only further add to your distress. Depending on the context of the fatal accident, it could be possible to recover financial reimbursement that pays off your expenses so you can move forward.
Before attempting to file your official claim, it’s a good idea to run your situation wrongful death lawyers in Chicago. The right attorneys will ensure that you’ve properly identified the liable party, valued your losses, and built up a strong case. With these building blocks in place, you should be in a good position to recover financially from the ordeal.
Here at Kermani LLP, our attorneys know what you’re going through. Schedule a call with our team now to get started on seeking justice for your loved one and your family.
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Frequently Asked Questions
What is considered wrongful death in Illinois?
Losing a loved one always feels wrongful and tragic, but under the law in Illinois, a wrongful death is classified as an incident where all the following elements are present:
- One party had a legal duty of care towards your loved one.
- That party failed to uphold their duty of care.
- This breach in duty of care directly caused the accident.
- The accident led to your loved one’s death and loss.
A legal duty of care is established under the law in many situations. For instance, drivers always have a duty to provide for the safety and care of everyone else on the road, and businesses have a legal obligation to provide for the care and safety of customers. Property owners owe this duty to people they invite onto their property, and product manufacturers owe this duty to customers.
How do I prove negligence in a wrongful death case in Illinois?
To prove negligence existed, you must establish a legal duty of care and then produce evidence that shows the other party’s failure to uphold that duty caused the accident. The specific type of evidence you’ll need to collect will depend on the type of accident you experienced and what happened. In car accidents, for instance, you can prove the other party was at fault by producing dash cam footage of the accident and a police report. In a slip and fall situation, you can produce evidence that the property owner should have reasonably known about the dangerous condition that led to your fall. Since proving negligence is complex, you may need an attorney’s help.
Can I sue for emotional distress in a wrongful death case in Chicago?
Yes. In a wrongful death lawsuit in Chicago, emotional distress is considered a non-economic form of compensatory damages. You can file to collect this form of financial reimbursement when you’re struggling mentally and emotionally after the incident. The loss of your loved one may have resulted in substantial fear, anxiety, depression, and stress that’s impacting your overall quality of life.
What steps should I follow to file a wrongful death lawsuit in Illinois?
After a wrongful death situation, you want to first inform the proper authorities. This could be the police, your loved one’s employer, a property owner, or anyone who might share responsibility for what happened. This gives the party a chance to investigate what happened and rectify any ongoing unsafe conditions. Next, start collecting evidence and documentation that shows what happened, the losses you’ve experienced, and the costs of leaving your loved one to rest. Contact an attorney to help you with this step and file your official paperwork.
How can a Chicago wrongful death attorney help my case?
A wrongful death attorney will be your best legal advocate as you navigate your legal claim. After losing a loved one, the emotional grief and distress you’re experiencing are likely to impact your judgment and thought patterns. That said, it’s usually in your best interest to have an attorney manage the legal complexities of your case while you focus on what’s most important – grieving.
What are the legal fees for a wrongful death lawyer in Chicago?
In most cases, a wrongful death attorney will work with clients on a contingency fee basis. A contingency fee payment arrangement allows you to get the legal assistance you need without paying any costs, legal fees, or hourly payments to your attorney. Your lawyer will work diligently on your case and only get paid once you get your check. Once you do get your settlement, your attorney will get an agreed-upon percentage of what you receive.
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