Chicago Wrongful Death Lawyer for Illinois Families

The loss of a family member may leave an Illinois family facing grief, medical and funeral expenses, lost income, and other harm. If another person or organization may have caused the death through negligence, an intentional act, or a workplace-related incident, Schlack & Bassmaji can review the facts and explain whether a wrongful-death or related claim may be available under Illinois law.

These claims depend on the circumstances and the person bringing the matter. An eligible family member or the appropriate personal representative of the estate may need to act, depending on the claim. Our Chicago wrongful death lawyers help families understand their options, investigate what happened, and pursue the compensation the law may allow, without promising a particular result.

Requirements to File a Wrongful Death Case

Wrongful death lawsuits can arise from numerous tragic and fatal events, including from car accidents, motorcycle accidents, bicycle collisions, pedestrian crashes, and medical malpractice. Significant workplace accidents can also lead to a wrongful death lawsuit.

Eligible family members in Chicago may also file a wrongful death lawsuit against an at-fault party who caused the death of their loved one through a crime, such as assault or another violent act. To file a wrongful death lawsuit in Illinois, you must establish that a death occurred by another person’s negligence, intentional act, or breach of duty of care.

The case must also demonstrate the harm suffered by the decedent and surviving family members, and explain the compensation for losses. The executor or personal representative of the estate must file a claim on behalf of the decedent’s estate and surviving family. This may be a family member of the decedent, or someone else that they previously chose to administer their estate.

Who Receives Money From a Wrongful Death Claim?

In Illinois, certain individuals are allowed to receive the proceeds of a wrongful death claim after the loss of a family member. These individuals include the decedent’s surviving spouse and biological and/or adopted children.

In situations where none of these family members survive the decedent, other extended family including grandchildren, parents, and siblings may be entitled to wrongful death compensation. An attorney can help you understand if you have the right to file a wrongful death claim in Chicago.

Deadline to File a Lawsuit

If you believe that you may have grounds to initiate a lawsuit for wrongful death, it is best to consult with an attorney as soon as possible. Strict time limitations apply to these claims. In Illinois, the deadline to file a wrongful death claim is usually two years from the date of death.

However, there are some exceptions. For example, if the cause of death is not immediately clear, the statute of limitations may start from the date of discovery. For example, if the death was caused by medical malpractice, the statute of limitations may start from the date the malpractice was discovered.

Possible Damages Awarded in a Wrongful Death Lawsuit

Possible damages awarded in a wrongful death lawsuit or settlement could include both economic and non-economic forms of compensation. Economic damages could include medical expenses incurred by the decedent before they passed away, including hospital services, medical and surgical services.

A wrongful death claim in Chicago could recover the value of funeral and burial costs, loss of income, and the value of household services the deceased provided. Non-economic damages could include the emotional pain and suffering as well as loss of society suffered by the decedent’s loved ones.

Talk with a Chicago Wrongful Death Attorney About What to Do Next

Establishing the required elements to pursue a wrongful death claim can be challenging. An attorney can help you navigate the complex legal process to seek compensation for your loss, including funeral expenses, medical bills, and loss of income, while providing unwavering support during this difficult time. The bilingual lawyers at Schlack & Bassmaji can thoroughly investigate the incident that led to your loved one’s passing to determine if there is a valid legal claim.

If you need help pursuing justice for your deceased family member, do not hesitate to reach out and request your free, no-obligation legal consultation. Our Chicago wrongful death lawyer is ready to assist you.