It’s heartbreaking to lose a loved one, and learning the accident could have been prevented only makes it worse. Illinois’ wrongful death statutes acknowledge these situations by allowing families to hold the responsible party accountable. A successful case can ease financial pressure from sudden funeral costs and lost future earnings. Though compensation can’t fill the emotional void, it can at least give you stability during a very uncertain time. We are prepared to help you understand your options and advocate for your family’s rights. Contact Feagans Law Group P.C. today to schedule a free consultation with a Batavia wrongful death attorney.
Why Hire Feagans Law Group P.C. For Your Wrongful Death Case?
Losing a loved one unexpectedly is devastating, and Feagans Law Group P.C. is here to help shoulder the legal burden so you can focus on yourself and your family. Here’s why we could be the right choice for you:
- We’ve practiced law in Illinois for over a decade, recovering millions of dollars on behalf of clients while showing genuine empathy for each person’s situation. From auto accident lawsuits in Batavia to construction zone incidents, we have the knowledge to represent your family.
- With prior experience defending insurance companies, we have the insight to anticipate their tactics and push back on unfair offers.
- Our established relationships with healthcare providers and financial experts ensure that you are supported legally and personally at every step of the process.
If you have any questions or you’re ready to get started, contact us today to schedule a free consultation.
What is a Wrongful Death Claim?
In Illinois, wrongful death refers to a situation where someone loses their life because another person acted negligently or intentionally caused harm. When this happens, certain family members can seek financial relief related to the loss, including expenses from medical care or funeral costs.
(740 ILCS 180/1) (from Ch. 70, par. 1)
Sec. 1. Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, including punitive damages when applicable, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. Nothing in this Section affects the applicability of Section 2-1115 of the Code of Civil Procedure or Section 2-102 or 2-213 of the Local Governmental and Governmental Employees Tort Immunity Act. Punitive damages are not available in an action for healing art malpractice or legal malpractice or in an action against the State or unit of local government or an employee of the State or an employee of a unit of local government in his or her official capacity. The changes made to this Section by this amendatory Act of the 103rd General Assembly apply to actions filed on and after the effective date of this amendatory Act of the 103rd General Assembly.
This type of claim is brought in civil court, separate from any criminal charges that the responsible party might face.
Evidence Used to Prove a Wrongful Death Claim
Securing a fair outcome in a wrongful death case often depends on the strength of your evidence. The following are common types of proof that lawyers and courts rely on to show negligence or fault.
Medical Records and Autopsy Reports
These documents can reveal the precise cause of death and whether any untreated injuries or medical errors contributed to the loss. Autopsy results often shed light on how and why the person passed away. Detailed records help draw a clear link between the negligent party’s actions and the harm suffered.
Expert Testimony
In cases involving complex issues – like medical malpractice or defective products – experts can clarify technical or scientific details. For instance, doctors might testify about how an untreated injury caused a patient’s death, or engineers could explain design flaws that led to a fatal accident. Their opinions can help jurors understand evidence that is otherwise difficult to interpret.
Witness Statements
People who saw the event or who had important interactions with the victim can offer statements about what took place. Their accounts may support or contradict other evidence. Family members might also share information about the impact on the loved one’s life leading up to the event.
Financial and Personal Records
Records of lost income or unexpected medical costs can help show the financial toll of a wrongful death. Personal documents, like diaries or journals, can also add context by highlighting the victim’s pain or changes in their routine.
The best way to gather the evidence needed for a wrongful death claim is to speak with a wrongful death lawyer as soon as possible.
How an Attorney Can Help You With a Wrongful Death Case
When your family is facing the heartbreak of a wrongful death, having a compassionate and skilled attorney can take a tremendous burden off your shoulders. Here’s how they can help:
- They investigate the circumstances of your loved one’s passing, gathering proof like medical records and eyewitness accounts. This builds a strong case that can hold the at-fault party accountable.
- A lawyer can step in and handle talks with insurance companies, helping you avoid unintentionally accepting less than you deserve.
- Most attorneys are used to the emotional weight these cases carry, so they’ll guide you with patience and understanding.
- They will make sure you file everything on time so you don’t lose your chance to recover compensation.
Having someone by your side who understands the legal process can offer a sense of relief during one of the most difficult times of your life.
Contact Feagans Law Group P.C. To Schedule a Free Consultation
Coping with a wrongful death can be one of the hardest challenges a family will ever face. Life can feel uncertain with growing hospital bills, funeral costs, and the absence of a loved one’s support. Pursuing legal action helps establish accountability and offers financial relief during a vulnerable time. While compensation cannot erase the sense of loss, it can mean more stability as you adjust to a new reality.
With the right legal guidance, you can focus on rebuilding your life and honoring the memory of the person you lost. Contact Feagans Law Group P.C. today to schedule a free consultation with a Batavia wrongful death attorney.