Call Now for a Free Consultation (312) 629-8800

Wrongful Death

Chicago Wrongful Death Attorney

Personal injury involves injury to an individual. This area of law allows the injured person to sue in a private action called the civil action or known in the legal community as a tort action. Personal injury is the body of law that allows an individual to be compensated in the event of someone's carelessness, recklessness or intentional misconduct which causes injuries to you or your loved one. There are different degrees of fault and several elements that are necessary to prove in court to be successful against a wrong doer in a personal injury action. Not every accident or injury is recoverable in the court of law. Consulting a lawyer in this field will provide a basis on whether to pursue an action in court. Nemeroff Law Offices represents many people in personal injury actions.

A wrongful death claim involves a lawsuit that is filed due to the death of a person that was caused by someone's conduct. Our experienced Chicago injury and medical malpractice lawyers at Nemeroff Law Offices represent many families of people who were killed due to the negligence or reckless conduct of others. A wrongful death suit is different from other types of personal injury claims because the actual victim (the “decedent”) is not bringing suit. Illinois law does not allow a dead person to bring a claim. Rather, it is the family members or the decedent's estate who bring the claim. When someone's wrongful conduct results in the death of another, a case is filed against the party whose wrongful conduct caused the death. The defendant can be a person, corporation, company or governmental entity, such as the City of Chicago. This area of law can involve every area of tort practice, from automobile accidents to premise liability to medical malpractice. A wrongful death claim is brought to recover damages for the injuries that surviving family and/or estate have suffered due to the death of a family member. Wrongful death cases in Illinois are governed by the Illinois Wrongful Death Act.

Damages in wrongful death cases help to compensate the surviving beneficiaries like a spouse or children for losses due to the death of a family member. Some losses are tangible. A widow can recover for the economic losses she sustained due to the death of her husband. Things like future lost wages are recoverable. Other damages are intangible such as loss of society or grief and sorrow. Types of recoverable damages include:

  • Expenses – Medical Bills and Funeral Costs
  • Loss of Future Wages and Benefits – The amount the person who died could have earned and the amount of benefits lost received over their life expectancy.
  • Loss of Society – the loss of the love, emotionally support and loss of the relationship, whether it was to a spouse, child or sibling.
  • Grief and Sorrow of the Survivors
  • Punitive Damages – What amount the defendant should be punished for his or her actions resulting in the victim's death.

When a wrongful death case settles, the settlement and all disbursements must be approved by the judge. Sometime, the case has to go to the probate division of the court for determination as to who is entitled to receive portions of the settlement proceeds.

In addition to a wrongful death case, you can also have a case for the pain and suffering the person who died suffered from the time of the negligent act until his death. This is permissible under the Illinois Survival Act.

In all matters involving personal injury or wrongful death, it is important to take action promptly to locate and preserve evidence, investigate the accident and/or conduct in question, and to file a lawsuit prior to deadline imposed by the statute of limitations.

Free Consultation

We offer a free consultation to evaluate your legal case. It will cost you nothing to consult with a lawyer to see if you have a case. It is essential that action be taken promptly to preserve evidence, investigate the accident and/or conduct in question and to file a lawsuit, when necessary prior to a deadline imposed by the statute of limitations.

No Fee Unless We Win Your Case

We give all our personal injury, workers' compensation, wrongful death and medical malpractice clients a promise that if we do not recover monetary damages in your case, we will not charge you an attorney fee. If we take your case, we only get paid if we win your case.

Contact us immediately at 312–629–8800 or complete our online contact us form.