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Chicago Wrongful Death Lawyer

Record-Setting Chicago Wrongful Death Lawyer Offering Award-Winning Representation

At Phillips Law Offices, our Chicago wrongful death lawyers represent families who have lost their loved ones due to negligence caused by others. Our team of experienced attorneys is here to help you seek justice and fair compensation for your loss. Call us today to schedule a free consultation at (312) 598-0917 or contact us by filling out the form on our website.

Experienced Chicago Wrongful Death Attorney Represent Victims Throughout The Illinois

Our Attorneys Have Been Assisting Clients in Wrongful Death Claims for Over 75 Years

Losing a loved one is always a painful experience.  That pain is amplified when someone dies needlessly as a direct result of another person’s negligence or carelessness.  If your loved one died in this way, then you may be entitled to compensation.

It takes an experienced wrongful death lawyer to examine all aspects of your case, bringing about a fair settlement or a favorable resolution if your case goes to trial. This is precisely where Phillips Law Offices can assist, as we have more than 65 years of collective experience handling wrongful death and personal injury cases.

What Is Wrongful Death Claim?

A wrongful death claim is when someone dies because of someone else’s negligence or wrongful actions. For example, if a person is killed in a car accident because another driver was speeding and not paying attention, the family of the person who died might file a wrongful death claim against the negligent driver.

In a wrongful death claim, the family members or beneficiaries of the person who died seek compensation for their loss. This compensation can cover things like medical bills, funeral expenses, lost income, and the emotional suffering caused by the death.

It can be complex legal cases, and they vary depending on the laws of the state or country where the incident occurred. It’s important for the family to seek legal advice if they believe their loved one’s death was caused by someone else’s negligence or wrongdoing.

Examples of A Most Common Wrongful Death Case In Chicago

In Chicago, wrongful death cases can happen for various reasons, but here are a few common examples:

Medical Malpractice

If a doctor or medical professional makes a mistake during treatment that leads to someone’s death, it could be considered wrongful death. For instance, if a surgeon operates on the wrong body part or prescribes the wrong medication causing a fatal reaction.

Car Accidents

When a car accident occurs due to someone’s negligence or recklessness, resulting in a death, it could lead to a wrongful death case. For example, if a driver runs a red light and hits another car, causing the death of a passenger.

Workplace Accidents

If an employee dies due to unsafe working conditions or lack of proper safety measures provided by their employer, it could be grounds for a wrongful death lawsuit. This might include situations like a construction worker falling from a faulty scaffold or a factory worker getting caught in unguarded machinery.

Product Liability

Sometimes, defective products can lead to fatal accidents. For instance, if a household appliance malfunctions and causes a fire resulting in death, the manufacturer or seller of the faulty product could be held liable.

Intentional Harm

In some cases, someone intentionally causing harm that leads to death can result in a wrongful death case. This could include incidents like assault, battery, or even murder.

How Do I Know if I Can Receive Compensation for a Wrongful Death Case In Chicago, Illinois?

If your loved one died as a direct result of another person’s careless actions or negligence, you may have a viable wrongful death claim. Generally, wrongful death cases are those that would have resulted in a personal injury claim if the individual had survived their injuries.

Survivors may recover damages for several types of wrongful death cases.  Some examples include the following:

Whether there is enough evidence to prove the death was the direct result of negligence depends on the specifics of the case.  Our skilled wrongful death lawyers will evaluate all the evidence to determine whether and how to proceed.  This may involve consulting medical experts, finding and interviewing witnesses, or working with other specialists to reconstruct the accident.

Who Can File for a Wrongful Death Lawsuit?

There are some limitations on who can file for wrongful death in Illinois. The case must be filed by a representative from the decedent’s estate. This typically must be a direct family member, including:

  • a parent or guardian of a surviving minor child
  • a spouse
  • a parent of a deceased minor child

If the decedent did not name a specific family member to serve as a representative for their estate then the court may appoint someone to fulfill this role.

Chicago Wrongful Death Laws

In Chicago, there are laws that protect families when someone dies because of someone else’s actions. One important law is called The Wrongful Death Act. This law allows the family of the person who died to seek compensation for their loss. It means if someone’s negligence or intentional action causes someone else’s death, the family can file a lawsuit to hold them accountable.

Another law called the Illinois Surviving Act is similar but slightly different. It allows the family to file a lawsuit if the person who died suffered before passing away. These laws are there to help families cope with the financial and emotional burdens of losing a loved one due to someone else’s fault.

How Can a Chicago Wrongful Death Lawyer Help You?

A top Chicago wrongful death lawyer at Phillips Law Offices can be a big help if you’re seeking compensation for the loss of a loved one. Our experienced lawyer know the ins and outs of the legal system and can guide you through the process step by step. First, we listen to your story and gather all the necessary information about what happened.

Then, we’ll investigate the case thoroughly, collecting evidence to prove who’s at fault for the death. This might involve talking to witnesses, reviewing medical records, and consulting with experts. The lawyer will handle all the paperwork and negotiations with the other party’s insurance company or lawyers.

If the case goes to court, experienced lawyer represent you and fight for your rights in front of a judge and jury. Throughout the process, we’ll provide support and advice, helping you understand your options and making sure you get the compensation you deserve for things like medical bills, funeral expenses, lost income, and the emotional toll of the loss.

Having a skilled wrongful death lawyer on your side can make a significant difference in the outcome of your claim.

How Much Can I Expect to Recover With a Wrongful Death Lawsuit?

Many factors come into play when determining the losses a family suffers after the death of a loved one.  The financial contributions that the individual made to the home and family and any medical bills or other expenses associated with the death of the individual are one major component. So it’s typical for the courts to award compensation for all the money that person would have earned over their lifetime.

Courts may also award damages for the emotional suffering of the family.  Translating these factors into concrete numbers is not easy.  Our experienced team of personal injury lawyers works with a team of experts who can work to calculate these figures. Our goal is to help you get a fair settlement by taking all the relevant factors into consideration.

After consulting with Steve Phillips about a serious legal problem my family was dealing with, I knew from the start that he was the best attorney to handle my case. He was very attentive and patient. He asked a lot of questions that showed he genuinely cared and was concerned with resolving the problem in a way that would best help me. The result that Steve and his team reached for my family exceeded our expectations. I have since referred Phillips Law Offices to friends and family members, and Steve has impressed each and every one of them.

– Mike D.

What Are the Differences Between Survival Action and Wrongful Death Compensation?

There is a very key difference between survival action compensation and wrongful death compensation. In the case of survival action, this covers losses that occur prior to death. So let’s say your loved one was hospitalized following an accident but those injuries ultimately proved fatal; this would fall under the realm of survival action.

Wrongful death lawsuits cover all losses that are sustained as a result of the death. So the loss of a family member’s income would fall under this umbrella.

Is a Jury Award or Settlement for a Wrongful Death Lawsuit Taxable?

According to the IRS, the government will not impose a tax on any lawsuit settlement or jury award that is handed down to compensate an individual for illness or injury. In the case of a wrongful death case, you have an individual who suffered serious illness or injury that ultimately resulted in their death. So compensation for medical bills and pain and suffering would typically be considered non-taxable.

Notably, though, some portions of the settlement or jury award may be punitive or intended to cover income that the decedent would have earned. This portion of the compensation may be considered taxable.

How Do I Choose a Wrongful Death Attorney?

It is very important to act quickly when it comes to a wrongful death claim, but you should also take care to ensure you select a lawyer who has many years of experience in the area of personal injury cases and wrongful death lawsuits.

In addition to selecting an attorney who deals in many wrongful death claims,  you should also seek a lawyer who has many satisfied clients and a track record of securing fair, sizable settlements and judgments on behalf of his/her clients.

You also want to work with a wrongful death attorney who works with a team of top experts, including professionals who can provide expert medical testimony, accident reconstruction experts, and financial experts who can help to determine important figures such as how much money your loved one would have earned if they had not passed away.

You can proceed with confidence when you choose the right lawyer — something that is very important because you only have one opportunity to resolve your legal claim. Once the matter is settled, you cannot go back to seek additional compensation in the future.

How Long Do I Have to File a Wrongful Death Lawsuit?

In most instances, the statute of limitations on wrongful death claims in Illinois is two years, meaning that your legal claim must be filed no more than two years after the death occurred.

There are important exceptions to this rule, so it’s important to discuss your case with a qualified attorney. Evidence can be lost over time, so it is important to consult the wrongful death lawyers at Phillips Law Offices as soon as possible to discuss your case.

How Long Does a Wrongful Death Lawsuit Take?

How Long Does a Wrongful Death Lawsuit Take?

A wrongful death lawsuit can take a while, sometimes several months to even a few years, to resolve. This is because these cases involve gathering evidence, negotiating with insurance companies, and going through the legal process step by step.

The time it takes can also depend on various factors like the complexity of the case, the number of parties involved, and whether the case goes to trial or is settled out of court. Each case is unique, so it’s hard to predict exactly how long it will take.

It’s important for families pursuing a wrongful death lawsuit to have patience and work closely with their legal team to navigate the process. While it can be frustrating, seeking justice for their loved one is worth the time and effort.

 

Can An Expert Witness Help With Wrongful Death Claim?

Can An Expert Witness Help With Wrongful Death Claim?

Yes, an expert witness can be a big help in a wrongful death claim. Expert witnesses are professionals who have special knowledge or experience in a particular field related to the case, like medicine or accident reconstruction.

They can provide valuable insight and analysis that can strengthen the case and help the court understand complex issues. For example, a medical expert can explain the cause of death or the extent of injuries, while an accident reconstruction expert can help determine who was at fault in a car crash.

When is Death Considered Wrongful?

When is Death Considered Wrongful?

Death is considered wrongful when it happens because of someone else’s negligence, recklessness, or intentional actions. For example, if a person dies in a car accident caused by a drunk driver, or due to a defective product, it could be considered wrongful.

Another situation might be if someone dies because of medical malpractice, like a surgeon making a critical mistake during surgery. In these cases, the family of the person who died can file a wrongful death claim seeking compensation for their loss.

Basically, if someone’s actions directly lead to another person’s death, and those actions were preventable or unlawful, it’s likely considered wrongful.

How Are Wrongful Death Settlements Paid Out?

How Are Wrongful Death Settlements Paid Out?

When a wrongful death settlement is reached, the payment is usually made by the party responsible for the death or their insurance company. The money might be paid in a lump sum or in installments over time, depending on the terms of the settlement agreement.

Once the settlement amount is determined, it’s typically paid to the beneficiaries or family members of the deceased. This money can be used to cover expenses like medical bills, funeral costs, and lost income, as well as compensate for the emotional suffering caused by the death.

In some cases, the court might need to approve the settlement to ensure it’s fair and in the best interest of the family. Once approved, the settlement funds are distributed according to the terms of the agreement, providing financial support to the grieving family.

How to Divide a Wrongful Death Settlement

How to Divide a Wrongful Death Settlement?

Dividing a wrongful death settlement involves determining who receives a share of the money. Usually, the settlement is divided among the surviving family members or beneficiaries of the deceased. This might include the spouse, children, parents, or other dependents, depending on the laws of the state and the circumstances of the case.

The division is often decided through negotiation among the family members or by court order if an agreement cannot be reached.

Contact a Chicago Wrongful Death Lawyer At Phillips Law Offices For a Free Consultation on Your Wrongful Death Case

When it comes to wrongful death claims, time is of the essence. The legal team at Phillips Law Offices offers quality legal counsel to clients who wish to file a claim.

In fact, our strategic approach and our many years of collective experience have earned us a reputation as one of the most well-respected law firms in the Midwest. For more information, call (312) 346-4262 or contact us online today to speak with a lawyer about your case in a free consultation session.

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