Wrongful deaths are deaths that occur because of another person’s careless or reckless behavior. It is difficult to comprehend the pain and loss suffered by the family of a wrongful death victim. Victims’ families often encounter immense pain, emotional anguish, and financial hardship.
Fortunately, victims’ families may recover monetary damages in wrongful death lawsuits. It is difficult to quantify the damages caused by a wrongful death. However, financial compensation can provide crucial support to loved ones during difficult times.
If your loved one passed away because of another person’s negligent actions, get help recovering the compensation you deserve. Contact our experienced Naperville wrongful death lawyers by calling the Rhatigan Law Offices at (312) 578-8502 for a free case review.
Common Causes of Wrongful Deaths in Naperville
Wrongful deaths can be caused by various forms of negligent conduct. However, some causes arise more frequently than others. The following are common causes of wrongful deaths in Naperville:
Car accidents are a common cause of wrongful deaths. Drivers are expected to exercise reasonable care and follow the rules of the road. When drivers act recklessly or carelessly, serious accidents can occur. Accidents that occur at high speeds are more likely to cause fatal injuries.
Motorcycle accidents are another common cause of wrongful deaths in Naperville. Bikers are not afforded the same protection as those driving standard cars. Accordingly, accidents involving motorcycles are more likely to cause devastating harm. Our experienced Naperville wrongful death lawyers can help recover financial compensation after fatal motorcycle accidents.
Furthermore, accidents involving large trucks are also a common cause of wrongful deaths in Naperville. Victims of truck accidents can suffer traumatic brain injuries, crush injuries, internal injuries, and other potentially deadly injuries.
Many wrongful deaths are also caused by medical malpractice. Medical malpractice occurs when healthcare professionals act negligently in the treatment of their patients. Common forms of medical malpractice include surgical errors, anesthesia errors, medication errors, and misdiagnoses. Our Naperville wrongful death lawyers can help determine if your loved one’s death was caused by medical malpractice.
Pedestrian accidents are also a common cause of wrongful deaths in Naperville. Such accidents often occur at night or during low light periods at sunrise or sunset. In such accidents, pedestrians are left without protection to absorb the full force of impact. Accordingly, victims of pedestrian accidents can suffer lethal injuries.
Construction Site Accidents
Additionally, construction site accidents are a cause of many wrongful deaths. Construction workers perform dangerous activities on a daily basis. Accordingly, when contractors or other third parties act negligently on a work site, severe injuries can occur. Our Naperville wrongful death lawyers can help file cases against negligent third parties after fatal construction site accidents.
Bus accidents are another dangerous type of motor vehicle accident that leads to wrongful deaths. Like truck accidents, bus accidents are particularly dangerous because of the size of vehicle involved. When buses are operated negligently, disastrous injuries can occur.
Lastly, defective products are also a cause of many wrongful deaths. Commercial products must be safe for consumers to use. When sellers and manufacturers act negligently in the design, production, or marketing of their products, lethal accidents can happen. The following are examples of products that may cause wrongful deaths when they are defective:
- Auto parts
- Medical devices
- Industrial machinery
- Power tools
- Pesticides, cleaning agents, and other products that may contain harmful chemicals
- Children’s toys
Our experienced Naperville wrongful death lawyers can help recover financial compensation after wrongful deaths caused by defective products.
Time Limit to File a Wrongful Death Lawsuit in Naperville
Under 740 ILCS 180/2, you typically will have two years from the date of your loved one’s passing to file a wrongful death lawsuit. Failing to abide by this deadline could cause you to miss out on financial compensation. However, there are exceptions to this two-year rule:
Medical Malpractice Cases
According to the Illinois Supreme Court’s decision in Moon v. Rhode, plaintiffs in medical malpractice cases may bring a claim within two years of discovering the injury at issue. However, the claim has to be filed within four years of the date the doctor’s negligent act or omission occurred.
Cases Against Government Agencies
If you are filing a wrongful death claim against a government agency, you will have one year from the date of your loved one’s death to file a lawsuit. For example, if your loved one passed away in a car accident caused by poor road maintenance, you will have one year from the date of the accident to file a case against the government agency responsible. The assistance of our Naperville wrongful death lawyers can be helpful when bringing claims against government agencies.
Cases Where the Survivor is a Minor
735 ILCS 5/13-112 establishes special rules for cases where the plaintiff is a minor. In cases where the victim’s survivor is a minor, the minor can bring a wrongful death claim within two years after turning 18.
Settling a Wrongful Death Lawsuit vs. Taking a Wrongful Death Lawsuit to Trial in Naperville
Plaintiffs in wrongful death lawsuits may face the difficult decisions of either reaching a settlement agreement or taking their case to trial. A settlement agreement is a type of legal contract that ensures a defendant will pay an agreed upon amount to a plaintiff in exchange for their case being voluntarily dismissed. By settling early, both parties to a lawsuit can save on the expensive cost of going to trial. Furthermore, plaintiffs who settle early may obtain financial compensation sooner.
However, settling early is not always the right decision. Not all settlement offers are fair. By taking your case to trial, you will have the opportunity to recover more compensation. The risk being that those who take their case to trial risk receiving nothing for their injuries. Our experienced Naperville wrongful death lawyers can help assess the value of your case, so you may determine if going to trial is the right choice for you.
If Your Loved One Suffered a Wrongful Death in Naperville, Our Lawyers Can Help
If your loved one passed away because of another person’s negligent actions, seek assistance from our experienced Naperville wrongful death lawyers by calling the Rhatigan Law Offices at (312) 578-8502 for a free case review.