Serious injuries devastate people involved in accidents every day, but when the injured person dies, entire families experience grief, loss, and even anger when someone’s negligence was the cause. If you are a spouse or child whose loved one died from injuries caused by reckless, careless, or intentional behavior, we understand how much you have lost. We dedicate our personal injury practice to helping grieving families just like yours.
We fight for generous settlements from insurance companies or significant compensation from a jury after filing a civil lawsuit. A Waukegan wrongful death lawyer from the Law Office of Jonathan Schlack will meet with you and listen to your family’s story of loss. If negligence was involved, we can launch a legal strategy for monetary damages. We can also work with families who primarily speak Spanish.
If a person could have proved negligence in a personal injury lawsuit if they had lived, then that person’s personal representative (or executor) may have a case in a wrongful death lawsuit, according to 740 Illinois Compiled Statutes 180/1. They must prove the defendant’s actions were not up to the standard of a reasonable person, and the behavior caused an accident that killed someone. Some examples of wrongful deaths based on negligence are:
Family members or estate representatives who believe they have a claim for wrongful death should consult a Waukegan attorney familiar with handling these actions.
Although some states allow family members to file wrongful death claims, with preference given to the spouse, Illinois requires the personal representative named in estate planning documents to file. If there is no last will and testament, then the court will appoint a personal representative. A person can name a spouse, parent, adult child, or even a close friend to act as a personal representative.
When a wrongful death lawsuit in Waukegan is successful, the court awards monetary damages to the family of the decedent, or the estate if there are no family members. The court determines how dependent the next of kin were on the decedent, according to 740 Ill. Comp. Stat. 180/2, favoring the spouse and children.
These losses can be financial, such as lost wages, but they can also be intangible, including the loss of consortium and companionship. The family is also compensated for their sorrow and mental suffering, and children might be awarded damages for loss of the education and moral training the decedent would have provided. Damages awarded are not capped like they are in some states. Juries consider the evidence and determine what they believe is fair.
Our attorneys offer our heartfelt sympathy if you recently lost a loved one because of the carelessness of another person. Although nothing can replace your loved one, we can help by filing a wrongful death lawsuit so that your financial future is secure.
We routinely negotiate with insurers if appropriate, and we make calculated pleas before juries to get you the compensation you deserve. Our Waukegan wrongful death lawyers are dedicated to your wellbeing and financial security. Call us for an initial consultation where we will learn about your family, and you will learn what we can do for you.
