Read our article "Opioid Crisis: Holding Doctors Accountable" as seen in Summer 2021 Trial Journal magazine
Motor vehicle accidents are among the leading causes of death in Illinois and across the United States. According to recent data from the Illinois Crash Facts and Statistics, there were nearly 313,000 motor vehicle crashes statewide in 2019 alone. These crashes led to 89,133 injuries and 1,035 fatalities. The loss of a family member can be particularly difficult for anyone to cope with. If you believe that your loved one's death was caused by the negligent actions of another, you have the right to seek fair compensation against the liable party.
At Larson Law Group LLC, we are committed to offering knowledgeable legal guidance, assistance, and support to families of wrongful death victims. As an experienced Illinois personal injury attorney John Larson will investigate all of the facts of your unique situation, gather evidence, and help you file a wrongful death claim.
Our team will fight vigorously to protect your legal rights and help you pursue the compensation you need to cover burial and funeral expenses, lost income and benefits, loss of consortium, and any other outstanding medical expenses. Larson Law Group LLC is proud to represent clients in La Grange, Illinois, and throughout the surrounding areas of Chicago, McCook, Western Springs, Brookfield, and Lyons.
Wrongful death occurs when a person dies as a result of another party's carelessness, negligence, misconduct, or wrongful actions. A wrongful death lawsuit is a civil action that is designed to hold the liable party accountable by compensating the deceased person's family for what should have been a preventable incident that caused the victim's death.
While there is no amount of financial compensation that can be enough to fill the void left by the loss of a loved one, filing a wrongful death lawsuit can provide the family of the deceased with compensation for their loss and hopefully prevent such an unfortunate incident from happening to someone else.
Additionally, filing a wrongful death action can give the surviving loved ones a much-needed financial boost to help cover burial costs, funeral expenses, lost income and benefits, loss of consortium, and any other medical bills incurred before the victim's death.
Pursuant to 740 Illinois Compiled Statutes 180, "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, the person or entity that caused the death can be held liable in a wrongful death lawsuit."
To prove negligence and establish a wrongful death claim in Illinois, the plaintiff must show that:
The defendant owed a legal duty of care to the decedent.
There was a breach of that legal duty of care.
A death occurred as the result of that breach of legal duty of care.
The defendant's negligent or wrongful actions caused the victim's death.
The surviving family members suffered actual damages due to the death.
In Illinois, only the "personal representative" of the deceased person's estate may bring a wrongful death claim. However, the personal representative can be the decedent's spouse, parent, or adult children.
Under Illinois laws, a wrongful death action must be commenced within two years of the date of the victim's death. However, if the victim died due to "violent intentional conduct," an action to recover damages may be brought within five years of the date of the death.
In Illinois, damages for wrongful death lawsuits are paid "for the exclusive benefit of the surviving spouse and next of kin of the deceased person." Some of the most common damages that may be recovered through a wrongful death claim include:
Compensation for loss of financial support, including lost wages and benefits
Funeral and burial expenses
Damages for loss of consortium, including loss of society, care, companionship, support, affection, or love
Damages for grief, sorrow, and mental suffering of the next of kin.
Compensation for loss of instruction, moral training, and education the decedent would have given the surviving children
Losing a loved one can be an overwhelming and heartbreaking experience. Such a loss can impact your financial, mental, and emotional well-being. Thankfully, you don't have to face these challenges on your own. With an experienced wrongful death attorney on your side, you will have an advocate who can protect your legal rights and pursue the justice your family deserves.
At Larson Law Group LLC, our legal team has the required experience and resources to guide, support, and represent clients in their wrongful death claims. As your legal counsel, we will:
Fight vigorously to protect your legal rights and represent your best interests
Work to hold the liable parties accountable
Review and investigate all the surrounding facts of your case thoroughly
Gather required evidence and necessary documentation
Work to establish that the defendant's wrongful actions caused the victim's death
Help you understand the value of your claim
Work to negotiate a fair settlement with the insurance company
If necessary, file a wrongful death lawsuit or take additional legal action
If you have lost a spouse, child, parent, or close relative to another party's negligent actions, you have the right to seek fair compensation. Contact Larson Law Group LLC today to schedule a free consultation. Our experienced team can offer you the detailed legal counsel, support, and reliable representation you need to pursue your wrongful death claim. Our firm is proud to serve clients in La Grange, Chicago, McCook, Western Springs, Brookfield, and Lyons, Illinois — so call or reach out today to get the legal counsel and support you need!