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Chicago Wrongful Death Lawyers
Seeking justice on behalf of Illinois victims who died because of an act of negligence
The unexpected death of your loved one is never easy, but losing someone because of another person’s negligence is especially tragic. Aside from the shock and the grief, you will worry about your future, or the future of your children, and that fear can be overwhelming. Many deaths in Chicago that are caused by accidents were preventable. It’s critical to hold the wrongdoers accountable to honor your loved ones, to secure the financial future of your loved one’s family, and to protect others from harm by the same wrongdoer.
At Gainsberg Injury and Accident Lawyers, we offer you more than just legal counsel: we provide a safe environment in which you can discuss your fears, express your anger, and grieve your loss. Our Chicago wrongful death lawyers take a proactive and aggressive approach to these types of cases so that you can begin the healing process sooner. We work with investigators, the police, prosecutors, and other professionals to show how the accident that caused the death of your loved one should have been avoided. We demand full compensation for these horrible wrongs. In one illustrative case, we secured a $300,000 policy limits settlement on behalf of a 15-year-old boy who died in a house fire. Let us help you, too.
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How can we help?
- Who can file a wrongful death claim in Illinois?
- How long do I have to file a wrongful death claim in Chicago?
- How do you coordinate the civil case with any criminal charges?
- What are the common causes of fatal injuries in Chicago?
- Who is liable for a wrongful death in Chicago?
- What damages can the family members claim in a wrongful death claim?
- Do you have a wrongful death lawyer near me?
Who can file a wrongful death claim in Illinois?
When it comes to winning a judgment in a wrongful death case, the death of a person must be determined to have been caused by someone’s unlawful or otherwise dangerous action, and the case must be filed before the statute of limitations expires. In these types of cases, the surviving family members, or those that represent the deceased person’s estate, can file a wrongful death suit to receive monetary compensation for damages. This is different from other types of personal injury, where the person who sues is the person who suffered the injury.
For those who live in Illinois, the Wrongful Death Act allows an individual, designated as the “personal representative,” to file a lawsuit that benefits the next of kin. As a part of the Act, the proceeds go to the next of kin, which can include the surviving spouse, kids, parents, and siblings.
The Illinois Survival Statute allows survivors of the deceased to recover damages for pain and suffering that was experienced by the person who died, starting from the time they were injured, until the time that they actually passed away. In what is referred to as a “survival action,” it must be proven that the decedent endured true pain and suffering before they died for the plaintiff to receive compensation.
Our experienced Chicago wrongful death and survival action attorneys have the experience and record of successful advocacy to help you file both types of actions – wrongful death and survival.
How long do I have to file a wrongful death claim in Chicago?
You do need to be careful. The statute of limitations for both actions is generally two years from the date of the person’s death, though that timeframe extends to five years “if the death is the result of violent intentional conduct.” In some cases, the time frame may be significantly shorter, too.
The best course of action is to contact us as soon as possible so we can promptly investigate your claim, explain your rights, and file the proper actions. We always balance your need for justice with your need to mourn for your loved one.
How do you coordinate the civil case with any criminal charges?
In some cases, the local prosecutors may file criminal charges against a defendant – such as when a drunk driver caused your loved one to die or the actions of the defendant were deliberate. In these cases, the police and prosecution will also investigate the cause of the accident. The criminal case will likely proceed before your wrongful death claim. You always must comply with the statute of limitations even if the criminal case is pending.
Our Chicago wrongful death lawyers coordinate your case with the prosecutor’s case. If the defendant is found guilty, the guilty verdict is often enough by itself to persuade that defendant’s insurance company to settle your claim.
There is no need for there to be a criminal charge or conviction. We often file wrongful death claims even though the defendant was never charged with a criminal offense.
What are the common causes of fatal injuries in Chicago?
Gainsberg Injury and Accident Lawyers routinely handles complex wrongful death suits in Chicago and throughout the state. Some of the more common causes of fatal accidents and injuries stem from:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Defective products
- Worksite accidents
- House/structural fires
- Carbon monoxide poisoning
- Medical malpractice or negligence
- Nursing home negligence
- Police brutality
- Animal attacks
If your loved one has died because of the negligence or actions of another person, we have the skills, the resources, and the experience to help you. We’ll explain your options and work with you to find the right path forward. You may be entitled to damages for the associated medical bills, loss of income, burial costs, and loss of companionship.
Who is liable for a wrongful death in Chicago?
The people and businesses who are liable for the death of your loved one vary depending on how the death happened. Our Chicago wrongful death lawyers file claims against every responsible party including drivers, car owners, employers, construction site owners, property owners, doctors, manufacturers, and many others.
What damages can the family members claim in a wrongful death claim?
The damages in a wrongful death action include:
- The funeral and burial costs
- The loss of financial support your loved one would have provided
- The loss of guidance, education, and moral support the deceased would have provided the children
- The grief and mental suffering of the survivors
- The loss of consortium (companionship and marital intimacy) the surviving spouse can no longer enjoy
The damages in the survival action include the decedent’s medical bills, lost earnings, and pain and suffering.
In many cases, we seek punitive damages if the cause of death was egregious such as when a drunk driver causes your loved one to die.
Do you have a wrongful death lawyer near me?
Gainsberg Injury and Accident Lawyers meets children, parents, and spouses who have tragically lost a loved one due to the negligence of others at our office located at 77 W Washington Street, Suite 1215, in downtown Chicago. There are two bus stops right near us if you use public transportation. Our Chicago wrongful death lawyers conduct video conferences by appointment since some family members may not be local.
We’ll explain your rights and help you through this extremely upsetting time.
A trustworthy Chicago wrongful death attorney who can protect your rights
If you have lost a loved one because of the negligence of another person, Gainsberg Injury and Accident Lawyers is ready and able to fight for your future. Our skilled Chicago wrongful death attorneys know how to build a successful claim, and we want to help you. We’ve been fighting for personal injury victims and families for more than 20 years. We’re respected by former clients, insurance companies, and defense lawyers for our impressive record of success and our dedication to our clients. Please call or use our contact form for a FREE, no-obligation consultation. We’ll fight to honor your loved one.
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