Losing a loved one due to another party’s negligence is a tragedy. Though nothing can replace the loss of a loved one, by working with an experienced wrongful death lawyer, you can at least hold the responsible party accountable and obtain some semblance of justice.
At Vaziri Law LLC, we file wrongful death lawsuits in Chicago and throughout Illinois and will fight to help your family recover monetary damages. We understand that no amount of money can replace a life, but you deserve justice. You can depend on us to stand by you during this difficult time and offer you compassionate representation when you need it most. Contact our office today for a consultation.
What Is Wrongful Death?
In Illinois, a wrongful death occurs when someone is killed due to another party’s negligent or wrongful act, according to the Wrongful Death Act. To have a valid claim, one must prove the following elements:
- The defendant owed your loved one a duty of care
- The defendant breached that duty
- That breach directly caused your loved one’s death
- You sustained damages, such as loss of companionship
Common causes of wrongful death in Chicago include:
- Automobile accidents
- Truck accidents
- Workplace accidents
- Medical malpractice
- Product liability
- Violent crimes
Regardless of the negligent or wrongful act that caused your loved one’s death, trust Vaziri Law LLC to prove your claim and get you the maximum compensation you deserve.
Who Can File a Wrongful Death Lawsuit in Chicago?
Under the Wrongful Death Act, the personal representative of the deceased’s estate can file a lawsuit on behalf of a surviving spouse or next of kin such as children, parents, and other blood relatives. If the decedent did not have a will, the state will appoint an executor to act as the personal representative. In any event, survivors can recover damages that include:
- Loss of companionship
- Loss of consortium
- Loss of services
- Loss of future income
The personal representative can also pursue a survival action under the Illinois Survival Act to recover damages for the decedent’s estate for injuries the victim suffered between the time of the accident and their death, such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
In short, a survival action is an injury claim the victim would have filed had it not been for his death. Any compensation recovered in a survival action goes to the decedent’s estate and is distributed to beneficiaries named in the deceased’s will. If there is no will, the compensation will be distributed according to the state’s law of intestacy. Although wrongful death lawsuits and survival actions are separate claims, they are usually filed together.
How Long Do I Have to File a Wrongful Death Claim in Illinois?
In Illinois, the statute of limitations for a wrongful death claim is two years from the decedent’s death; however, there are exceptions. For example, in medical malpractice, plaintiffs can bring a claim two years after discovering the injury, but no later than four years after the act of negligence or omission occurred. Finally, a claim against a government agency must be filed within one year of the victim’s death.
How Our Firm Can Help
Our Chicago wrongful death attorney will handle all the details of your claim:
- Conducting a thorough investigation to prove the defendant’s negligence
- Working with qualified accident reconstruction or similar experts to support your claim
- Identifying potential insurance coverage involved in the case (e.g. auto liability, homeowners, professional malpractice)
- Negotiating a fair and just settlement with the insurer and opposing counsel
- Filing a wrongful death lawsuit if necessary
After losing a loved one, filing a lawsuit is the furthest thing from your mind while you are grieving. But taking legal action can bring you at least a form of justice and peace of mind. Also, you deserve compensation for your losses and the victim’s suffering, and to secure your financial future.
At Vaziri Law LLC, we have a well-deserved reputation as aggressive injury attorneys and dedicated advocates. We know our way around the bargaining table and the courtroom. When you become our client, we will offer you knowledge, compassion, and the personal attention you deserve. Above all, we will leverage our skills and experience to honor your loved one’s memory.
Contact Our Experienced Chicago Wrongful Death Lawyer
If you have lost a loved one due to wrongful death, you may be overwhelmed and not know where to turn. We are here to help. We offer free consultations and will charge no attorney fees unless we recover compensation for you. The sooner you contact our office, the sooner we can start working on your claim.