What is a wrongful death lawsuit?
Losing someone we love due to a careless, negligent act can be absolutely unbearable. Yet when a loved one dies as a result of the negligent actions or misconduct of someone else, in an effort to obtain justice and/or ensure that that same act doesn’t harm someone else, the victim’s surviving family members have the option of filing a wrongful death lawsuit against the responsible parties to seek financial damages for their loss.
As wrongful death attorneys, our job is to prove that the wrongdoers’ negligent or unlawful actions caused the victim’s death. The wrongful death lawyers at Levin & Perconti have over 35 years experience defending the families of those killed by careless drivers, negligent healthcare providers, poor nursing home care, and/or defective products. For example, in 2010, John Perconti recovered $4.7 million, the largest wrongful death settlement ever recorded in Kane County, IL, for the family of a woman who was wrongfully killed by a semi-truck driver under the influence of drugs. Contact us today and we will provide you with compassionate legal counsel.Common Wrongful Death Actions
Wrongful death actions are commonly brought in cases involving:
- Motor vehicle accidents
- Trucking accidents
- Medical malpractice
- Nursing home abuse or neglect
- Defective or unsafe products
- Premises liability
A wrongful death claim must be filed within one year of the date of the deceased’s death under Illinois state statute. The action must be brought by and in the name of the deceased’s personal representative, for the exclusive benefit of the surviving spouse and next of kin.
Typically, the victim’s beneficiaries—including their spouse and/or dependents—bring the claim against the individual who is responsible, and can claim damages ranging from medical to funeral expenses, as well as lost wages (from the victim who passed), in addition to related damages, such as those that a jury feels are fair and just compensation for pecuniary injuries resulting from the death; injuries related to grief, sorrow, and mental suffering (also to their spouse and next of kin).
If the deceased did not leave a surviving spouse or next of kin, the damages must go to the exclusive benefit of those who provided hospitalization, hospital services, medical, or surgical services (not exceeding $450) and/or the personal representatives who covered the costs and expenses of administering the estate.Contact Us for Assistance
A wrongful death lawsuit will never fill the void of losing a loved one, but it can help families recover compensation to pay for medical expenses, funeral costs and lost wages. If you have a loved one who died as a result of another person’s negligence, our wrongful death lawyers can help you determine if you have a case. Call us at 312-332-2872 to speak with an attorney, or fill out our Free Online Case Evaluation form online and a lawyer will call you back at your convenience.