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The emotional turmoil brought about by the unexpected death of a loved one can be unbearable. Worse, the hardships don’t stop with the grief.
The cost of medical bills and funeral services is just the tip of the iceberg. Most importantly, you can’t put a price on the future losses that come with the passing of a loved one. At Conboy Law, we are here to advocate for those in need.
No amount of money can change what happened, but receiving compensation for your pain and suffering can help make your present situation more bearable.
With the assistance of an experienced Chicago wrongful death lawyer, you can get the justice that your family rightfully deserves.
Chicago wrongful death lawyers thoroughly understand the local laws concerning wrongful death cases. Our legal team has years of a successful track record representing personal injury and wrongful death clients. Here is how Conboy Law Firm can help you with your wrongful death claims:
The first step in every wrongful death case is a meticulous case analysis. We will thoroughly examine your case and determine the best legal option available for your situation.
Identifying damages sustained by the family members due to the victim’s death. Our experienced attorney will evaluate the damages the family incurred from the accident, which will help us identify the best compensation for your case.
In this case, one of the most common challenges a victim faces is settlement negotiation. The victim’s representative often accepts a low settlement offer from the insurance company. We can help you prevent this by negotiating with the defendant’s insurance provider.
There are instances when a case fails to resolve at the settlement phase. In such cases, a court appearance is necessary to determine liability. We can help by representing your case on your behalf.
Wrongful death lawsuits are often challenging and complicated.
Moreover, insurance companies have a history of preying on vulnerable families and manipulating them to accept an unjust amount of compensation for the death of your loved one. We can help prevent this situation and ensure you receive the best outcome.
A wrongful death lawsuit or case is a civil action that arises when a person dies due to the lack of due care or negligent act of another person. In these instances, the victim’s family usually files a lawsuit, seeking damages for their losses.
The damages a victim’s family can recover in a wrongful death case may vary. Each state has its laws covering wrongful death cases.
In Illinois, there are two laws allowing the victim’s family or spouse to claim damages for the death of their loved ones.
Insurance companies often aim to minimize payouts in wrongful death claims, prioritizing their financial interests over the needs of grieving families.
They may use tactics like disputing liability, undervaluing damages, or pressuring families into quick, low-value settlements. Families may unknowingly accept offers far short of the compensation they deserve without proper guidance.
Legal representation is essential to counter these unfair practices and protect your rights. An experienced wrongful death attorney can negotiate aggressively with the insurance company, ensuring you receive a fair settlement.
Lawyers can also prepare to take the case to court if the insurance company refuses to offer reasonable compensation.
Depending on the circumstances, various types of insurance may come into play in wrongful death cases. Liability insurance typically covers claims involving car accidents, premises liability, or other negligence-based incidents.
In cases involving workplace deaths, employer liability insurance or workers’ compensation policies may provide coverage for surviving family members. Count on our team to help you.
740 ILCS 180/0.01 or the Illinois Wrongful Death Act specifies certain elements that must be present to identify a wrongful death case. These elements are required to be proven by the victim’s estate. According to Illinois law, a victim’s representative must prove that:
A wrongful act may lead to the unexpected death of another person, and a life lost can no longer be brought back. Let this remind everyone to carry out their duty of care whenever and wherever.
There are many causes of wrongful death accidents, but the most common ones include:
In Illinois, a victim’s representative may file a wrongful death claim against the responsible party. A victim’s representative may be the victim’s surviving spouse, children of legal age, parents, or other surviving family members.
If you have lost your loved one due to another person’s negligence, you may be entitled to compensation. Contact a Chicago wrongful death lawyer at Conboy Law Firm today for a free consultation.
Our Chicago wrongful death attorneys will help you get justice and hold the responsible party accountable for their actions. Wrongful deaths are always tragic. Let us help you recover compensation.
As mentioned above, a victim’s representative must demonstrate specific elements before a case is identified as a wrongful death case. The four elements are as follows:
The responsible party owes the deceased person a duty of care, and the relationship between the two parties often determines this. For example, doctor-patient, employer-employee, and landlord-tenant relationships often have a duty of care. In general, this element is not hard to prove.
The responsible party failed to uphold its duty of care. A representative can prove this by demonstrating that the responsible party did not meet the standard of care required in their industry.
The responsible party’s negligence led, or was closely related, to the victim’s death. It’s important to note that the representative must prove causation by a preponderance of the evidence, which is a higher burden of proof than negligence.
The victim’s party suffered direct financial losses due to the death of their loved one, such as funeral expenses, medical bills, and pain and suffering.
The law establishes statutes of limitations to ensure that each case is acted upon promptly. The statute of limitations varies depending on the nature of the case. Wrongful death attorneys often advise the personal representative to work immediately following the victim’s death.
In Illinois, a victim’s representative can submit a wrongful death lawsuit against the responsible party within two years of the victim’s death.
The Wrongful Death Act, 740 ILCS 180/0.01, provides the legal context for the statute of limitations in wrongful death cases. This law also includes additional sanctions for criminal wrongful death.
Various reasons may cause wrongful death; different individuals can be held liable for the accident. The responsible parties can be individuals, companies, or government agencies.
Inattentiveness, fatigue, or intoxication are often the most prevalent cause of wrongful death accidents, and the negligent driver can be held responsible for the victim’s death.
Medical professionals can make surgical mistakes, prescribe the wrong medication, and commit other diagnostic errors that often lead to wrongful death. The victim’s representative may hold the negligent medical professional responsible for the victim’s death.
Nursing home staff can be held liable for wrongful death if they neglect the resident and their health declines, which often leads to death. The victim’s representative may sue the nursing home’s facilitator or staff for the incident.
In some cases, employers are liable for their employees’ deaths. Suppose the employee acts within the scope of their job when the accident occurs. In that case, the employer may be held liable for the employee’s death.
If a pet owner is negligent and their animal attacks and kills someone, the owner may be held responsible for the victim’s death.
Defective car parts, faulty appliances, and unsafe toys can often lead to wrongful death accidents. If a product is defective, the manufacturer may be liable for the victim’s death.
The victim’s representative has the right to file a wrongful death lawsuit against any party they deem responsible for the accident. Meeting with a Chicago wrongful death lawyer following the incident is crucial.
Our personal injury attorney at Conboy Law Firm offers a free consultation. We will help you determine who is responsible for your loved one’s death and work to get you the justice you deserve.
The victim’s surviving family member or spouse may recover money from the damages they sustained because of the accident. The damages can include:
The victim’s family may be able to recover the medical expenditures incurred due to the accident, including ambulance fees, hospitalization, and medication costs.
If the victim’s death were sudden and unexpected, their family would often have to shoulder the cost of funeral services. The family may recover these costs from the defendant in the wrongful death lawsuit.
The victim’s family may also recover money for the loss of income if the deceased is the family’s sole provider. This would include future wages that the victim would have earned if they were still alive.
The family can also receive compensation for the victim’s pain and suffering before death.
In some cases, the family can also receive punitive damages from the defendant. Punitive damages are meant to punish the defendant for their wrongful actions and deter them from similar behavior in the future.
The types of damages available vary on a case-by-case basis. Speaking with a wrongful death lawyer is essential to determine recoverable damages.
Our Chicago wrongful death law firm is dedicated to delivering the best legal assistance regardless of the victim’s state of life. Here are the reasons why Conboy Law Firm is the best legal firm to handle your case:
Our principal attorney is dedicated to serving clients in personal injury and wrongful death cases. We aim to provide top-notch legal assistance to family members of wrongful death victims. You will only have to pay for our services once we are successful with your case.
As part of our mission to provide the best legal assistance to wrongful death and personal injury victims in Chicago, we offer a free legal consultation. Our lawyer has extensive experience assisting victims, and we will help you understand your case and identify the best course of action.
Our personal injury law firm has garnered countless successes in representing wrongful death victims. Throughout our experience, we always perform to the best of our ability to help victims obtain the justice they deserve.
Per 735 ILCS 5/2-1116 of the Illinois law, the state follows a modified version of the comparative negligence law. As described in this law, the victim’s party may not file a survival or a wrongful death case if they are more than 50% responsible for the accident. The court will determine the contribution of each party during case litigation.
Because of this potential loss of compensation, hiring an experienced wrongful death attorney is vital. They can help you uncover essential pieces of evidence to ensure compensation recovery.
The attorney’s legal fee may vary depending on several factors. One of the most important aspects an attorney will consider is the case’s complexity. More complicated cases will cost more than straightforward cases.
If financial capacity restricts you from hiring an attorney, you must consider contingency fee options. A lawyer who works on a contingency fee basis requires no upfront payment; these attorneys will deduct their legal service fee once you claim your compensation.
In addition, most wrongful death and personal injury lawyers provide free initial case evaluation. Take advantage of this free legal service most lawyers offer. Your lawyer can help you identify the best legal action during the initial case consultation.
The duration of a wrongful death lawsuit may vary because of various factors. In general, more complicated cases will take longer to settle than a simple wrongful death case. Factors that may further complicate a wrongful death case are:
Hiring an experienced and knowledgeable wrongful death lawyer can help reduce the time it takes to settle your case. Your lawyer will have extensive knowledge of state law and how to build a compelling case on your behalf.
There is no legislative limit on how much representatives of a wrongful death victim can recover for their damages in Chicago. The value of your case is proportionate to the extent of your injuries resulting from the accident.
The court will determine the value of recoverable damages if the case fails to resolve at the settlement negotiation phase. Depending on the evidence presented by both parties, a victim’s representative may claim a significant amount of recoverable compensation.
Malpractice is a wrongful death caused by the negligence of a doctor, nurse, or hospital. If you have lost a loved one due to medical malpractice, you must contact an experienced wrongful death lawyer.
Medical malpractice cases are often challenging to prove. Furthermore, these cases may require significant resources to pursue. A lawyer specializing in medical malpractice or personal injury law can help you receive the compensation you deserve.
A death resulting from a criminal act is different from a wrongful death. Suppose a defendant is proven responsible for the accident that took the victim’s life. In that case, he would need to provide compensation for the deceased victim’s family members.
In contrast, a criminal act would result in a conviction and penalty fines if the defendant is proven to kill the victim maliciously. A thorough analysis of the case and recovery of valuable evidence may help identify a wrongful death case from a criminal case.
Wrongful death lawyers have a wealth of experience and knowledge to help you through the complicated legal process. These legal professionals can help you obtain the maximum compensation for your loved one’s death.
In addition, wrongful death lawyers often offer free consultations and case evaluations. These lawyers can help you further understand what your case is worth and how you can attain justice for the death of your loved one.
Contact our wrongful death lawyer at Conboy Law Firm today if you have lost a loved one due to another’s negligence. We are dedicated to helping you obtain the compensation and justice you deserve.
Death could happen when we are least prepared. At Conboy Law, our Chicago wrongful death lawyer will fight for your rights and get you the compensation you deserve. Now is the time to schedule a free consultation with us! You may reach our law firm at (312)726-9000. Clients can also submit case information using our online contact form.
Joseph M. Conboy, founder of Conboy Law, represents victims of catastrophic injuries and wrongful death, securing numerous multi-million-dollar results. Recognized as a Super Lawyers Rising Star (2019–2022), he is a member of the American Association for Justice and Illinois Trial Lawyers Association. Mr. Conboy earned his J.D. from DePaul University and a B.A. in Economics from the University of Colorado.
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
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