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.
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.
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:
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.
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.
Elise Waisbren handled my car accident case. Elise is very professional, pleasant and a great person to have represent you. She walked me thru all the steps and was always available to answer any questions I had. Elise and the staff at Phillips Law Office were a delight to deal with. Very knowledgeable, professional and understanding. – Joseph Murphy
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.
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.
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.
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.
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) 248-0016 or contact us online today to speak with a lawyer about your case in a free consultation session.