Wrongful death cases arise from events that are unexpected and truly devastating for family members of victims. The death of a loved one is always a heavy burden to shoulder, and the challenges may be heightened by frustration and anger if the death was caused by someone else’s carelessness. If you have lost a loved one in an accident that was not their fault, a personal injury attorney at Kurasch & Klein can listen to your story and offer assistance. Our Chicago wrongful death lawyers can diligently advocate for you against the parties responsible for your loss. We also offer services in Polish and Spanish at your convenience.Bringing a Wrongful Death Claim in Illinois
Unfortunately, accidental deaths happen frequently in Illinois, often as a result of motor vehicle collisions, slip and falls, or incidents involving defective products. If you have unexpectedly lost a loved one in an accident, you should consider seeking the compensation that you need by bringing a wrongful death claim. In Illinois, specific laws govern these actions. They are meant to allow family members to sue on behalf of the victim, since the victim would have been able to bring a personal injury claim if they had survived the accident.
As a practical matter, the personal representative of the victim’s estate must file the wrongful death claim. The personal representative is often a close relative of the victim, such as their spouse or a parent. If the victim appointed a personal representative prior to their death, that person will have the authority to pursue the claim and carry out other tasks. However, if no personal representative was appointed, a court may appoint a representative.
Similar to ordinary personal injury cases, a wrongful death claim must be filed within the appropriate statute of limitations. In Illinois, it must be brought within two years from the date that the death took place.
Wrongful death damages in Illinois are paid for the exclusive benefit of the surviving spouse and next of kin of the victim. These damages typically include funeral and burial costs, medical expenses incurred prior to the death, lost future earnings, loss of care, loss of companionship, and more. To establish your right to damages, you usually will need to prove that the defendant failed to use the appropriate care and that this caused the accident in which your loved one died. You also may need to provide evidence regarding the relationship between the victim and their family members to demonstrate the full scope of the harm resulting from their loss.Contact a Wrongful Death Lawyer in Chicago or the Surrounding Areas
Nothing is more traumatic than unexpectedly losing a loved one. If a fatal accident has cut short the life of someone in your family, you should speak to a Chicago wrongful death attorney as soon as possible. At Kurasch & Klein, we can provide you with a realistic assessment of your options and bring any claim that may be appropriate. We also represent the families of victims in Naperville, Wheaton, Schaumburg, and communities throughout Cook County. You can contact us online or call us at 312-372-7250 to set up a free consultation with a car accident attorney or seek our advice regarding another legal claim.