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Losing a significant individual in your life is one of the most difficult scenarios to navigate, but these feelings of loss and difficulty are maximized when someone else’s negligence results in death. In this case, surviving family members may sue on the grounds of wrongful death. Our team at Shea Law Group knows the devastation that you feel during this time so trust that we will help you navigate through every step of the way.
What is Wrongful Death?
It’s important to understand the specifics of wrongful death to understand whether or not you have the grounds for a lawsuit. Wrongful death occurs when someone dies due to someone else’s negligence or misconduct. In some wrongful death cases, there is a criminal prosecution that is also linked to the fatality, however, wrongful death lawsuits are separate from criminal charges.
There are many different scenarios that could result in a wrongful death lawsuit, including medical malpractice, criminal activities, manufacturing defects, car accidents, or toxic torts.
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
- Reckless driving
- Anesthesiologist mistakes
- Drunk driving accident
- Surgical error
- Bicycle accident
- Nursing home negligence or neglect
- Pedestrian accidents
- Chiropractor negligence
- Missed diagnosis
- Employer safety negligence
- Truck accident
- Construction accident
- Injuries obtained on the job site
How Wrongful Death Claims Work
A relative or a loved one of the victim will file the wrongful death suit on behalf of the 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. In the state of Illinois, the wrongful death lawsuit needs to be brought up by a “personal representative” of the deceased individual, and the lawsuit needs to be filed within 1-2 years of the death. Our Chicago wrongful death attorneys will keep this time frame in mind when handling your case.
Damages for Grief, Sorrow, and Mental Suffering
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. They were limited to pecuniary claims based on their individual relationship with the deceased, such as loss of support, society, or guidance. 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.
Just and Fair Compensation
The revision in the law does not explicitly permit damages for grief, sorrow, and mental suffering, but does allow for damages to be awarded that would be “a just and fair compensation with reference to the pecuniary injuries suffered resulting from death.” So what does all that mean? It means that you will still need to distinctly define your relationship with the deceased and prove you are suffering from grief and sorrow in order to receive just and fair compensation for your emotional damage.
If you have lost a loved one due to a personal injury that resulted in death, you are likely devastated and unable to concentrate on everything that is happening, let alone understand the legal jargon associated with your claim. When it comes to grief, sorrow, and mental suffering, these emotions can be difficult to articulate, especially when conveying a message to a group of strangers in a courtroom. That is why it is so important to seek the counsel of a highly experienced Chicago wrongful death attorney.
Have You Recently Lost a Loved One Due to Wrongful Death?
Losing a loved one can be difficult enough without adding the layer of someone else’s negligence. When you are going through this situation, you need experienced lawyers who can help you file a wrongful death suit against the other party. Our experienced team of lawyers at Shea Law Group wants to make this experience as stress-free as possible so you can grieve for your loved one and move on with your life.
You Need to Move Fast with Our Attorneys in Chicago
If you are going through a wrongful death case, it’s more important than ever to move quickly. There are strict statutes of limitations in place to ensure people don’t file these cases without good cause and can obtain the proof they are looking for. Our experienced team of attorneys can help you determine if filing this type of case is appropriate. To ensure you don’t miss any important deadlines, it’s important to contact us immediately so we can start working on your case.
Our Lawyers Help You Get Proper Compensation in Chicago
Wrongful death suits are often difficult to navigate. It can be complex to determine how much compensation is appropriate. No amount of money can bring your loved one back and we recognize that. However, we have the necessary experience to help you evaluate your case and determine how much compensation you should get. Even though a large amount of money won’t heal your pain, it can help you deal with the loss of income and other issues that arise with the loss of a loved one.
Our Lawyers Handles Each Case with Sensitivity
We understand the death of a loved one is a sensitive time. When you lose a loved one unexpectedly, it takes even longer to process the grief and deal with the loss. Our Chicago wrongful death attorneys understand your pain and want to make this case as easy as possible for you. You may not feel like dealing with lawyers and a court case, but it’s important to take the right steps as soon as possible. When you work with our team, you won’t feel like you are being pressured for information. We handle every case with tact so you can feel more confident.
