The death of a close family member is the type of tragedy that can take years to recover from.
In Illinois, countless people are killed in all types of accidents, whether on the road or at work.
Their surviving family members struggle with grief—and often face intense financial distress. If your loved one’s death was the result of someone else’s negligence you can seek compensation by bringing a wrongful death claim.
Michael J. Lichner is an experienced wrongful death lawyer in Joliet. You might have a legal right to compensation. In a free consultation, we’ll go over what you know and determine the strength of your claim. Avoid delays and contact us as soon as possible.
What Are Wrongful Deaths?
Not every death is wrongful. Under 740 ILCS 180/1, a death is wrongful if it is caused by, for example:
- Default, or
- Neglect, or
- Wrongful act
Most wrongful death cases stem from motor vehicle accidents or other examples of negligence.
We can seek financial compensation if a family member’s death resulted from:
- Motor vehicle collisions, including those caused by distraction, drowsiness, speeding, or errors behind the wheel
- Drunk driving accidents, including accidents caused by drivers impaired by illegal drugs
- Fatal accidents on property, such as a fall or swimming pool accident
- Sports injuries, including injuries suffered by student or college athletes
- Animal attacks, including dog attacks
- Defective products
To check if you have a claim, call our firm to speak with a wrongful death lawyer. It’s perfectly normal to not know if you can bring a legal claim against someone. We will work diligently to identify the correct defendant in the case.
Criminal Acts Also Qualify as Wrongful Death
The statute also covers criminal acts like manslaughter or homicide. Suppose your son gets into a fight on the sidewalk, and someone punches him in the face. Your son falls backward and strikes his head on a fire hydrant. The person who attacked him has committed a wrongful death.
Even though a crime can serve as the basis of a claim, this is still a civil lawsuit. You shouldn’t wait for the state to file charges because they only handle criminal cases. An attorney for wrongful death at our office can explain more about what steps to take.
Compensation for a Wrongful Death Case
Because this is a civil case, family members will receive monetary damages as compensation. If your loved one died in a violent attack, then the state might also bring charges—but that’s a separate legal proceeding.
Our firm seeks compensation for a variety of damages. You might receive them for:
- Funeral and burial expenses. Funerals are expensive, and you can request compensation to cover the cost of a decent burial.
- Last medical bills. If your loved one received emergency treatment after an accident, then you can request financial compensation to cover the cost. As an example, your spouse might have suffered a major brain injury in a car wreck but hung on for several weeks in the Intensive Care Unit. We can demand that the defendant cover these bills.
- Lost income and benefits. Families often end up on the brink of bankruptcy after a sudden death. Fortunately, we can request compensation for the wages your loved one would have likely earned had they not died in the accident. We can also request compensation for lost benefits.
- Lost companionship and society. When a beloved family member dies, you lose more than money. You lose out on the relationship, including any services the family member performed for you. We can request compensation to try and make up for this loss of companionship.
- Pain and suffering. Surviving family members are often overcome with grief. We can seek damages for the suffering you have endured.
Who receives this compensation? Typically, the surviving spouse and children or any other family member who was dependent on the deceased.
If your loved one died in a drunk driving crash, then we might seek punitive damages as well.
An Illinois wrongful death lawyer can review the facts of your loved one’s death to estimate its value.
Filing a Wrongful Death Case
Although the family receives the compensation, Illinois law charges the estate’s representative with filing this legal claim in court. The personal representative should be named in the deceased person’s will. If they die without a will (called intestate, which is common), then the probate court will appoint someone to serve.
Typically, the personal representative must file the lawsuit within two years of the death. If they delay, then family members can lose out on the ability to receive compensation. However, the deadline is extended to five years if the defendant committed a violent intentional act that killed your loved one.
We recommend picking up the phone and calling our office as soon as possible. An Illinois wrongful death lawyer can check whether the deadline is approaching and take appropriate action, including filing a lawsuit quickly. Our consultations are free and without any obligation.
Speak with a Joliet Wrongful Death Lawyer
Michael J. Lichner can help anyone in Will County, IL who has recently lost a family member due to the actions of another individual. Contact our office immediately to schedule a consultation and discuss your claim. We also proudly serve personal injury clients in DuPage County, Cook County, and all other Northern Illinois counties. We will guide you on the next steps needed to get justice for your family member and the compensation you deserve.