Losing a significant individual in your life is one of the most difficult scenarios to navigate. These feelings of loss and difficulty are amplified if the loss was due to someone else’s negligence. When this happens, surviving family members may sue on the grounds of wrongful death.
At Shea Law Group, we will fight tirelessly to get you and your family the compensation you deserve following a wrongful death. We will help you navigate every step of this difficult process.
What is Wrongful Death?
Wrongful death occurs when someone dies due to someone else’s negligence or misconduct. In some wrongful death cases, there is a criminal prosecution linked to the fatality. However, wrongful death lawsuits are separate from criminal charges.
Many different scenarios could result in a wrongful death lawsuit. These scenarios include:
- Medical malpractice
- Criminal activity
- Manufacturing defects
- Car accidents
- Toxic chemical exposure
How Wrongful Death Claims Work
You can file a wrongful death lawsuit on behalf of a deceased individual. This helps hold the defending party accountable for any emotional or financial losses that have occurred. Different states have different qualifications that need to be met in order to file a wrongful death lawsuit.
Is There a Time Limit to Filing a Wrongful Death Claim?
In the state of Illinois, the wrongful death lawsuit needs to be brought up by a “personal representative” of the deceased individual. The lawsuit also needs to be filed within 1-2 years of wrongful death. Our wrongful death attorneys always keep these time constraints in mind when handling your case.
What Is Wrongful Death Compensation For?
Until several years ago, next of kin could not pursue claims for grief, sorrow, or mental suffering incurred due to the loss of a loved one. The Illinois legislature revised the Wrongful Death Act in 2007 to allow for next of kin to seek damages for “grief, sorrow, and mental suffering” incurred due to the wrongful death of a loved one.
However, you will still need to distinctly define your relationship with the deceased and prove you are suffering to guarantee fair compensation for your emotional damage. That is why it is so important to seek the counsel of a highly experienced Chicago wrongful death lawyer.
Wrongful Death Practice Areas
Following is a list of some of the more common ways a person’s negligence can lead to death:
- Pharmaceutical errors with prescription drugs
- Anesthesiologist mistakes
- Drunk driving accident
- Surgical error
- Bicycle accident
- Nursing home negligence or neglect
- Pedestrian accidents
- Missed diagnosis
- Truck accident
- Construction accident
- Injuries obtained on the job site
- Reckless driving
- Chiropractor negligence
- Employer safety negligence