Losing a loved one because of someone else’s carelessness is one of the most devastating things someone can experience. At Feagans Law Group P.C., we understand that no amount of money can ever replace your loved one or fairly compensate for the tremendous grief you are dealing with. Still, a wrongful death claim is a form of justice. This type of legal claim may be able to benefit your family and may prevent others from experiencing the same tragedy.
If you have recently lost a loved one due to someone else’s negligence, we encourage you to contact our compassionate Geneva wrongful death lawyers. We can discuss your legal options during a free, no-obligation consultation. Call us at (630) 940-2093 or contact us online.Â
How Our Wrongful Death Attorneys Can Honor Your Loved One’s Memory
The husband-and-wife legal team at Feagans Law Group P.C. can help you seek justice through a wrongful death claim. We compassionately guide you through every aspect of the legal process, ensuring your rights are always protected. Our Geneva personal injury legal services extend to the following steps of the process:
- Investigation: Our legal team investigates your loved one’s death, identifies the parties responsible for it, and works with experts to reconstruct events to support your claim.
- Insurance review: Our lawyers can review all insurance contracts related to the incident, such as liability, homeowner’s, or professional malpractice insurance. These contracts can directly impact the amount of compensation you may be able to recover.Â
- Negotiation: We prepare a robust claim for compensation. We gather compelling evidence to show the full extent of harm the accident caused and negotiate with insurance providers for maximum compensation.Â
- Litigation: If the insurance company refuses to make a fair settlement offer, our skilled attorneys can take your case to trial to demand the justice your family deserves.
At Feagans Law Group P.C., we stand beside grieving families in their pursuit of justice. We offer our services on a contingency fee basis, so you won’t owe us any attorney fees unless and until we recover financial compensation for you. Take the first step in your recovery by contacting our Geneva wrongful death lawyers for a free consultation.
How Does Illinois Law Define Wrongful Death?
The Illinois Wrongful Death Act explains that when a death is caused by a wrongful act, neglect, or default in such a manner that the victim would have had the right to file a personal injury lawsuit had they survived, a wrongful death claim can be filed. Common causes of wrongful death claims include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Slips and falls
- Premises liability accidents
- Defective product incidents
- Dog bites and attacks
A wrongful death lawsuit is a civil claim. It’s different than a criminal case, which seeks to punish the wrongdoer and prevent similar actions in the future. Wrongful death claims focus on securing compensation for the surviving family members.
Who Can File a Wrongful Death Claim in Illinois?
Illinois’ wrongful death law only permits personal representatives to file wrongful death claims. This person can be nominated in the decedent’s will or appointed by the court.
Who Receives the Proceeds from a Wrongful Death Claim?
Even though the personal representative files this type of legal claim, the Illinois Wrongful Death Act says that the proceeds of these cases go to the surviving spouse and next of kin. Next of kin includes children, parents, siblings, and other blood relatives. Adopted parents and children are also included in this definition.
If the decedent had no surviving spouse or next of kin, the proceeds of this type of legal claim can go to the following:
- Those who furnished hospitalization or hospital services for the decedent’s last illness or injury
- Those who furnished medical or surgical services for the decedent’s last illness or injury
- To the personal representative for the costs and expenses of administering the estate
What Damages Can the Surviving Family Recover in a Wrongful Death Claim?
Through a wrongful death claim, the surviving family may be able to recover compensation for the following losses:
- The decedent’s loss of income
- Loss of services
- Loss of emotional support
- Loss of consortium
- Loss of companionship
These damages focus on the damages the surviving family members experience because of the death.
The personal representative can also file a survival action to recover compensation for the losses the decedent would have recovered had they survived the incident, such as:
- Payment for medical expenses
- Lost earnings
- Property damage
- Pain and suffering
An experienced attorney can review your case and explain the damages you may be able to recover.
Who Is Responsible for Wrongful Death?
The defendant is the party responsible for your loved one’s death. In a negligence action, this is the party who had a duty of care to prevent injuring your loved one who caused their death. This could include various parties, such as:
- Motorists
- Trucking companies
- Employers
- Businesses
- Property owners
- Dog owners
- Healthcare providers
- Product manufacturers
An experienced wrongful death lawyer can help you determine liability and build a strong claim for compensation.
What Is the Time Limit to File a Wrongful Death Case in Illinois?
Illinois’ wrongful death law generally limits the amount of time the surviving family has to file a wrongful death lawsuit to two years from the date of death. However, some exceptions make this timeline shorter or longer.
For example, if the death is due to a criminal act, the family has two years from the establishment of a criminal victims’ escrow account act to file their case. In medical malpractice cases, the family has two years from the discovery of the injury but within four years of the act of negligence or omission. If the claim is against the government, the personal representative must file their case within one year.
Our experienced injury and auto accident attorney in Geneva can review your case and explain the timeline that applies to your case.
Contact Our Compassionate Wrongful Death Lawyers for a Free Case Review
If you lost a loved one in a tragic accident, the compassionate wrongful death lawyers from Feagans Law Group P.C. can help. We can guide you through this difficult time and protect your rights. Call us today at (630) 940-2093 for a free consultation.