Losing a loved one in a sudden, preventable accident is incredibly painful. Beyond the deep emotional toll, many families face unexpected expenses they aren’t prepared for. In Illinois, a wrongful death claim can offer some relief from medical bills, funeral costs, and other financial strains.
We understand how difficult this process can be and are here to guide you toward the resources you need. For help with your claim, contact our Aurora personal injury attorneys at Feagans Law Group P.C. today to schedule a free consultation.
Why Hire Feagans Law Group P.C. For Your Wrongful Death Case?
When you’ve lost a loved one due to someone else’s actions, choosing the right legal team can provide the stability you need.
Below are some of the reasons you should work with Feagans Law Group P.C.
- We have decades of combined experience, treating each client with compassion, understanding, and unwavering support.
- Because we’ve worked with insurance firms in the past, we know how to counter their strategies and stand up for you. We’ll make sure any settlement offer you accept actually covers your losses.
- We’ve recovered millions of dollars for our injured clients, and we truly care about everyone we represent. No one is just another case file to us.
We know that compensation can’t make up for the loss of your loved one, but it can help you with the day-to-day financial issues you may be facing. Contact us today to schedule a free consultation.
Why You Need an Aurora Wrongful Death Attorney
Wrongful death cases are complex, high-value cases that frequently involve disputed liability and attempts to undervalue claims. Navigating the process alone can be overwhelming for grieving families.
An experienced wrongful death attorney can help by:
- Identifying the individual, business, or entity responsible for the death
- Determining who has the legal right to file a claim under Illinois law
- Locating all sources of insurance coverage or financial responsibility
- Ensuring your claim is filed on time and in compliance with state law
- Accurately calculating financial losses and intangible damages
- Challenging attempts to shift blame or undervalue your claim
Hiring an attorney also gives you the time and space you need to focus on your family and your recovery. Speak with an Aurora wrongful death lawyer today for help clarifying your options and next steps.
What Constitutes Wrongful Death in Illinois?
Under Illinois law, a wrongful death occurs when a person dies as a result of another party’s negligence or other unlawful conduct. Essentially, if your loved one could have pursued a personal injury claim had they survived, their death may give rise to a wrongful death lawsuit.
Wrongful death claims focus on the losses suffered by surviving family members, not just the injuries sustained by the deceased.
Not all fatal accidents trigger a wrongful death lawsuit. Each case is unique, and a careful review of the circumstances is necessary to determine whether you have a valid claim.
Common Causes of Wrongful Death Claims
Losing a loved one due to someone else’s negligence can happen in a variety of ways, and recognizing the common scenarios where these cases arise can be helpful when seeking justice. Below are several typical causes of wrongful death claims.
Motor Vehicle Accidents
Crashes involving cars, trucks, or motorcycles frequently lead to serious injuries or fatalities. Many of these incidents happen because of speeding or driving under the influence. If someone else’s irresponsible behavior behind the wheel causes another person’s death, a wrongful death suit can be filed. Our Aurora car accident attorneys have the experience to make a difference in your case.
Medical Malpractice
Patients rely on doctors and hospitals for proper diagnosis, treatment, and care. However, avoidable errors like a mishandled surgery or incorrect medication can lead to patient deaths. When that happens and evidence points to negligence, a wrongful death claim may be appropriate.
Defective Products
Faulty car parts, unsafe children’s toys, or unsafe medications can result in tragic outcomes for consumers. If a product causes harm that leads to a loved one’s death, the company responsible for design or manufacturing could be held accountable. Proving this often requires expert testimony and thorough documentation.
Slip and Falls
Many people hear about slip and fall accidents and assume that they aren’t that big of a deal. Tragically, some of these instances actually lead to deaths. This can occur when a person hits their head on the ground or falls from heights. In these cases, a wrongful death claim may be appropriate.
By understanding the main things that lead to wrongful death claims, loved ones can seek legal support and work toward holding the at-fault parties accountable. A knowledgeable Aurora slip and fall lawyer can help secure justice on your family’s behalf.
Who Can File a Wrongful Death Claim in Illinois?
In Illinois, it’s generally the personal representative of the deceased who is eligible to file a wrongful death claim. This means the person named in the will or appointed by a court who manages the estate can start the legal process.
(740 ILCS 180/2) (from Ch. 70, par. 2)
Sec. 2. (a) Every such action shall be brought by and in the names of the personal representatives of such deceased person, and, except as otherwise hereinafter provided, the amount recovered in every such action shall be for the exclusive benefit of the surviving spouse and next of kin of such deceased person.
While money earned from the claim is meant for surviving spouses, children, or certain other family members, it’s the personal representative who actually files the lawsuit on their behalf.
How Our Attorney Can Help You With a Wrongful Death Case
Losing a loved one to someone else’s negligence can be devastating, and it’s important to have knowledgeable legal guidance.
An attorney can help in the following ways:
- They carry out a thorough investigation to link any wrongdoing or failure to meet safety standards to your family member’s passing. This lays the groundwork for pursuing damages.
- A lawyer’s experience with wrongful death claims can be vital when interpreting complex laws and regulations that could affect your case.
- They can stand up for you in court if trial becomes necessary, but they also strive to secure a fair settlement out of court.
By turning to an attorney for representation, you have someone who knows how to navigate the legal system and stand up for your family’s interests.
Wrongful Death vs. Survival Actions in Illinois
Illinois law recognizes two separate legal claims following a fatal injury: wrongful death actions and survival actions. Both claims may be pursued simultaneously.
A wrongful death claim seeks compensation for the losses suffered by surviving family members, which may include:
- Funeral and burial expenses
- Loss of financial support and benefits
- Loss of companionship, guidance, and care
- Grief, sorrow, and emotional suffering
A survival action seeks damages the deceased could have recovered had they lived. These may include:
- Medical expenses related to the fatal injury
- Lost income between injury and death
- Property damage
An experienced wrongful death attorney can determine which claims apply to your situation and which damages you can pursue.
How Much Does It Cost to Hire an Illinois Wrongful Death Lawyer?
Most attorneys handle wrongful death cases on a contingency fee basis. This means there are no upfront costs, retainers, or hourly legal fees.
Rather, your attorney is paid only if they recover compensation for your family. If your case is successful, they take a pre-agreed percentage of the settlement or verdict as their fee. If they fail to obtain a recovery, you owe no attorney fees.
This fee structure allows families to pursue justice without additional financial strain during an already difficult time. Feagans Law Group offers contingency fees in all wrongful death cases.
Contact Feagans Law Group P.C. To Schedule a Free Consultation
Filing a wrongful death lawsuit is never an easy decision, but it can bring answers and relief when you need it most. When you feel overwhelmed, having a professional by your side ensures that your questions get answered promptly and thoroughly. No matter where you are in the grieving process, taking legal steps now may protect your peace of mind later. Contact Feagans Law Group P.C. when you’re ready to schedule a free consultation with an Aurora wrongful death attorney.