The passing of a family member, especially one you were close to, is a harrowing experience. But knowing that they died because of someone else’s mistakes can make it even more difficult to accept. Finding justice for their death may provide one way of gaining closure. With the aid of a Chicago wrongful death lawyer, you can discover ways to seek compensation if the court’s criminal sentencing did not meet your expectations.
Ben Crump Law, PLLC, can guide you through the entire case filing process and help you seek recovery. If you have any inquiries or case evaluation requests, you can contact us at (844) 638-1822.
Understanding Wrongful Deaths
According to Illinois Civil Liabilities (740 ILCS 180/) Wrongful Death Act, wrongful deaths refer to any death caused by another person’s actions, regardless of the intent behind it. There are countless ways for someone to lose their life, but here are some examples:
- Car accidents in which someone dies instantly after getting hit by a drunk or distracted driver.
- Medical malpractice in which a doctor prescribes the wrong drugs or a surgeon fatally injures a patient during surgery.
- Product defects, such as when a manufacturer fails to warn customers about a product’s potentially life-threatening defect.
- Workplace hazards when a company does not implement safety rules, which leads to an employee’s accidental death.
- Crimes in which a person is murdered, killed in a domestic dispute, or shot during a robbery.
It is essential to check the other party’s intent or lack thereof, as this can affect your case’s verdict and how much compensation you can get. A Chicago wrongful death lawyer can assist in compiling evidence that ensures that the defendant is indeed liable for their mistakes.
For a free legal consultation with a wrongful death lawyer, call (844) 638-1822
Wrongful Death Can Result from Personal Injuries
Personal injury claims can also become wrongful death lawsuits in certain situations. For instance, a family may start a personal injury case while their loved one is still in the hospital; however, the victim may eventually die from their injuries before the family can present their case in court.
If this happens, the family may want to change it to a wrongful death case instead. Doing so will affect how much compensation they will get since the death will now factor into the court’s decisions. A Chicago wrongful death lawyer can assist with turning your personal injury claim into a wrongful death case.
Wrongful Death Lawyer Near Me (844) 638-1822
No Need To Wait for Criminal Charges
Wrongful death claims fall under the civil court’s jurisdiction, which means they proceed separately from criminal lawsuits. You do not have to wait for the state prosecutor to file criminal charges before you submit civil claims. You may even present your case while criminal proceedings continue.
Finding success with a wrongful death case differs from winning criminal suits. Crimes usually require undeniable proof, while civil cases only need enough evidence to say that the other party most likely caused the death. The standards for civil cases are also lower because they usually do not involve jail time.
If you need advice on how to proceed with your wrongful death claim, Ben Crump Law, PLLC is available to help you determine your legal options.
Available Awards for Wrongful Death Cases
A criminal court can give restitution orders to convicts. Unfortunately, the payment may not be enough to meet your remaining family’s needs, especially if your deceased loved one was the breadwinner. In this case, a wrongful death claim can assist you in this regard. A Chicago wrongful death lawyer can ensure that you are compensated accordingly for losses, such as:
- Medical service expenses (if the victim received any before dying)
- Funeral and burial expenses
- The victim’s projected lost income
- Lost inheritance
Specifically, the estate plan’s representative files a wrongful death lawsuit, but awards may extend to relatives.
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What To Consider Before Submitting the Claim
Several details of your case and your relationship to the deceased will affect how you proceed with the filing of a wrongful death lawsuit.
People Who Can File Claims
As it is in other states, spouses are allowed to represent their deceased partner in court. Illinois also allows adult children to submit wrongful death lawsuits for deceased parents as long as they classify as the representative of the estate. If the victim is still a minor, then the parents can file for them.
If your loved one has a designated representative in their estate plan, that person must file the claim on their behalf. But if they did not appoint anyone at all, the court can select one in their stead.
Complying with Time Limits
The Wrongful Death Act also contains the statute of limitations for wrongful death claims. You have two years to file the lawsuit if the death was a result of negligence; however, the state gives you five years to submit if the defendant’s actions were intentional. And if the court has already settled the criminal case, you have one year to comply if the defendant has the following charges:
- First or second-degree murder
- Homicide of unborn children
- Homicide due to drug use
A lawyer can help you determine your time frame for filing a wrongful death lawsuit.
We Can Help You Seek Justice
A loved one’s death is never simple to deal with, especially if another person caused it. We understand your pain, which is why our Chicago wrongful death lawyer works to help you seek justice for your family, as well as your deceased loved one. We can provide you with legal counsel and support through these challenging times.
With Ben Crump, PLLC represents victims of injustice that led to their untimely demise. We operate on a contingency fee basis so that you do not need to pay anything unless we win the case.
We are available anytime you need help. If you would like to discuss your case with us, call us at (844) 638-1822.