The loss of a loved one is devastating. Families of those who have passed away because of another’s negligent acts can suffer severe emotional damage and a loss of financial support. Accordingly, it is important for families to know all of their rights to compensation under Illinois law.
Our Naperville wrongful death lawyers can advise victims’ families on what they can recover if their loved one was fatally injured because of someone’s else’s negligence. The loss of a loved one can put immense financial and emotional strain on surviving family members. Monetary damages will not make victims’ families whole again. However, proper compensation can help you and your family continue on.
If you suffered the loss of a loved one because of another person’s negligence, get help from experienced Naperville wrongful death lawyers by calling the Rhatigan Law Offices at (312) 578-8502 for a free case review.
Laws Covering Wrongful Death in Naperville
A wrongful death lawsuit is a civil action where damages are sought against one or multiple parties for causing someone’s death. Wrongful death cases arise out of situations that, had the victim survived, would have given rise to a personal injury case. Accordingly, the process of a wrongful death lawsuit is similar to that of a personal injury lawsuit.
However, Illinois has enacted a specific law allowing for the recovery of damages in a wrongful death lawsuit. The Illinois Wrongful Death Act allows victims’ surviving family members to recover financial compensation for damages incurred because of their loved one’s death.
Furthermore, Illinois has established another law that allows victims’ surviving family to recover monetary damages for the harm a victim may have suffered between the time of their injury and death. These civil actions are governed by the Illinois Survival Act and must be pursued separate from a wrongful death action. However, these damages are often pursued at the same time as a wrongful death lawsuit. A survival action covers damages a victim may have recovered in an injury lawsuit had they survived.
Our Naperville wrongful death lawyers can provide further explanation of these laws to families of those who have died because of another’s wrongful acts.
Damages Available in a Naperville Wrongful Death Lawsuit
Damages in a wrongful death suit are paid to a deceased person’s survivors or estate. Under the Wrongful Death Act, a victim’s surviving spouse and next of kin are awarded damages based on their level of dependency. Families of wrongful death victims can suffer various damages. Accordingly, there are numerous types of compensation that may be awarded in court. The following are common types of damages recovered by wrongful death plaintiffs in Naperville:
- Loss of financial support
- Emotional pain and suffering suffered by the family
- Loss of household services contributed by the deceased person
- Loss of companionship the decedent would have had with their spouse
- Funeral expenses
- Medical expenses
Furthermore, punitive damages may be awarded to discourage similar behavior if a defendant’s conduct was especially reckless. Our Naperville wrongful death lawyers can help victims’ families calculate which damages may be available to them in a wrongful death action.
Common Types of Wrongful Death Lawsuits in Naperville
Wrongful death lawsuits can come in many forms. Any situation where a death occurred because of another party’s negligence may be grounds for a wrongful death lawsuit. However, some causes of wrongful deaths occur more frequently than others. The following are common types of wrongful death cases that our Naperville wrongful death lawyers can handle:
Car accidents are a common cause of wrongful death in Chicago. According to the National Highway Traffic Safety Administration (NHTSA), there were 177 fatal motor vehicle crashes in Chicago in 2020.
Furthermore, crashes involving trucks, motorcycles, bicycles, and boats also frequently cause wrongful deaths. Families of victims who died in motor vehicle accidents can contact our Naperville wrongful death lawyers to review their case and determine whether they have a valid claim for wrongful death.
Premises liability cases deal with a property owner or manager’s legal responsibility for injuries that happen because of dangerous conditions on their property. Failing to properly maintain a property can lead to slip and fall accidents, fires, criminal activity, animal attacks, and other dangers. Families of anyone who suffered a fatal accident on another person’s property may be entitled to compensation based on premises liability.
Medical malpractice is another common reason for wrongful death lawsuits. In Naperville, medical malpractice occurs when a healthcare professional breaches the standard of care and causes a patient’s death. In medical malpractice cases, the standard of care refers to a generally accepted set of standards that other professionals would have used in similar circumstances. Families may be entitled to compensation if their loved one passed away because a healthcare professional breached the appropriate standard of care.
Common types of medical malpractice cases involve medication errors, surgical errors, missed or delayed diagnoses, and anesthesia errors. However, medical malpractice cases can be hard to prove because of the amount of evidence required to establish fault. Our Naperville wrongful death lawyers can help gather evidence for plaintiffs in wrongful death actions based on medical malpractice.
Injuries suffered from victims to pedestrian accidents are often severe and sometimes fatal. Accordingly, pedestrian accidents are another common form of wrongful death lawsuit. According to the NHTSA, 54 pedestrians were killed in fatal crashes in Chicago in 2020. Our Chicago wrongful death lawyers can help victims’ families determine the legal options available to them after a fatal pedestrian accident.
Each year, thousands of workplace accidents occur. These accidents can cause a wide range of injuries. If an employee died because of a third party’s negligence, the deceased person’s family may be entitled to compensation. If you were injured in a workplace accident because of your employer’s negligence, you may only be able to recover benefits in a Workers’ Compensation claim.
Common examples of workplace accidents that lead to wrongful deaths are falling accidents, exposures to harmful chemicals, fires or explosions, and accidents caused by defective machinery. Our Naperville wrongful death lawyers can help find out if wrongful death damages are available to you after a loved one passed away because of a workplace accident.
If Your Loved One Suffered a Wrongful Death, Our Lawyers Can Help
If you suffered the loss of a loved one because of another person’s negligence, consult with Naperville wrongful death lawyers by calling the Rhatigan Law Offices at (312) 578-8502 to review your case for free.