Although it is very difficult to think clearly and logically after the death of a loved one due to the burden of the funeral and the huge emotional distress, you should not hesitate to take legal action against the person responsible for the death of your family member. Wrongful death involves the death of a person caused by the negligent or irresponsible behavior of another person without the intent to kill. A wrongful death lawsuit is a complex legal proceeding that requires a professional approach, patience and strict following of state regulations before going to court. It is almost impossible to file a proper wrongful death claim in Illinois without the help of a qualified lawyer in Chicago, who can gather and prepare the required legal papers, and determine whether the client is eligible for financial compensation and its amount, among many other details.
Wrongful Death Claim
Wrongful death can be caused by a variety of circumstances, such as medical negligence or lack of qualification in hospitals or nursing homes resulting in death, a defective product, driving while under the influence of alcohol, failure to perform a surgery or diagnose a severe disorder, failure to implement basic safety measures in construction settings, among many others. A personal injury lawyer in Illinois can help navigate through the sophisticated legal requirements and regulations and emerge on the winning side of the lawsuit.
Moreover, the court may not allow unqualified individuals to prepare their lawsuits on their own because it greatly prolongs the duration of court proceedings and can make room for errors and legal deficiencies. It is important to contact a wrongful death lawyer as soon as possible after the tragic occurrence because the state of Illinois has set a time limit one has to file a lawsuit, which is two years for wrongful death claims. The time starts from the moment the accident happened. After two years, the person responsible for the death of your loved one will not be prosecuted according to the Illinois Statutes of Limitations.
Basic steps of filing a wrongful death lawsuit in Illinois:
- You may start by preparing the available evidence, such as proof of death in the form of a death certificate, statements from witnesses and family members who are suffering emotional and financial losses due to the death of their loved ones.
- You need to contact a qualified injury lawyer who needs to determine the eligibility for compensation of medical bills and funeral costs, loss of benefits such as insurance, loss of inheritance, and potentially punitive damages. This lawyer makes sure to prove that the death of your family member as a result of clear negligent or irresponsible behavior of the individual against whom the wrongful death claim is filed.
- Then, communicate with the defendant after filing a lawsuit and before going to trial. It is very possible that insurance companies will devalue your wrongful death claim and make you settle for less, this is why you need a lawyer on your side.
- Finally, you should get paid for all your damages and losses.
Don’t hesitate to take legal action quickly because legal and court proceedings take time, and there is a time limit of two years established by the state of Illinois for this particular type of crime.