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Illinois Wrongful Death Lawyers: Investigating After A Fatality

Last updated on June 12, 2024

When a loved one dies tragically and unexpectedly in an accident, there is a lot to process. When that accident was caused by someone else’s negligence, the family may have a claim for a wrongful death action. Our Naperville wrongful death attorneys provide compassionate guidance during what we know is a difficult time.

At Marker & Crannell in Naperville and Aurora, our trial lawyers have more than 50 combined years of experience representing injured people and surviving family members. We are available to answer your questions, such as those below, about your potential wrongful death case.

Processing The Death Of A Loved One After An Accident

If your loved one died in a car accident, nursing home negligence incident or slip-and-fall accident, you and your family are likely facing many difficulties, including:

  • Emotional pain
  • Financial losses
  • Legal questions about liability and compensation

We understand that you probably feel overwhelmed. It is difficult to mourn the unexpected death of a loved one. But we also know that it is stressful to consider the practical considerations and the impact your loss will have on your financial future. Our Illinois wrongful death lawyers can help you evaluate whether an investigation into the cause of your loved one’s accident is warranted.

Our Naperville Wrongful Death Lawyers Answer Your Frequently Asked Questions

We know that if you are considering a wrongful death action, you likely have a lot of questions. Here, we offer some of the most frequently asked questions. For answers to your specific questions, our Illinois wrongful death attorneys offer a free consultation and look forward to answering questions about your case.

We hope for the opportunity to personalize our answers to these and other questions you may have about a potential wrongful death case.

Who can file a wrongful death lawsuit in Illinois?

Unlike in some states, where family members can file wrongful death lawsuits, in Illinois, this right rests with the personal representative (executor) of the estate.

How is wrongful death defined in Illinois?

A wrongful death in this state is a fatality that resulted from someone else’s wrongful act, neglect or default. In any circumstances – such as a car accident – in which an injured person could have brought a personal injury claim, a deceased person’s estate can bring a wrongful death claim.

Is there a time limit on filing a wrongful death claim or lawsuit in Illinois?

A wrongful death claim may be filed within these time periods:

  • Two years after a fatal accident
  • Five years after an act of violent intentional conduct
  • One year after the conclusion of a criminal murder case or another criminal case associated with someone’s death

Resolve any doubts by getting legal advice as soon as possible.

What if my loved one signed a medical consent form before they died?

In the state of Illinois, the Wrongful Death Act provides that if a person’s death is the result of negligence or a wrongful act, the decedent’s estate can bring an action for a wrongful death.

A medical consent form in the state of Illinois protects medical professionals and health care providers in the event that something beyond their control goes awry. It protects them from being sued for anything that might be a predictable risk from the surgery, but not against gross negligence and wrongdoing. In addition, not all medical waivers are deemed to be enforceable. Lastly, they aren’t always obtained in a way that proves the patient provided informed consent. An experienced wrongful death and medical malpractice lawyer can help assess your specific situation and advise you of your rights under Illinois law.

What can survivors recover in a settlement?

Dollar amounts will vary, but the recovery in a wrongful death settlement in Illinois has to do with the following losses:

  • Loss of financial support
  • Loss of consortium, specific to the marital relationship
  • Loss of education and guidance that the deceased person would have continued to provide to minor children
  • Grief, sorrow and mental suffering

An experienced attorney will make a great difference in how your settlement or verdict is calculated after the accidental or intentional death of a loved one.

What types of evidence should be collected in order to file a wrongful death claim?

In a wrongful death claim, the decedent’s survivors who file the claim are essentially assuming a personal claim for negligence on behalf of their family member. Important evidence includes:

  • Any evidence that points to the wrongdoing or negligence of someone who was at fault for the accident
  • Medical bills and expenses, funeral bills and expenses and anything else that proves the costs and damages that were sustained by your loved one
  • Financial information with respect to your loved one’s income and job opportunities to prove the financial strain that your family is experiencing with the loss of your loved one

Our personal injury lawyers and wrongful death attorneys at Marker & Crannell Attorneys At Law P.C. have decades of experience gathering the evidence needed to prove a wrongful death claim. When it comes to collecting the right information to prove the financial impact and damages, you can count on our Naperville wrongful death lawyers to prepare a comprehensive and thorough case.

What makes your law firm the one to call in the western suburbs of Chicago after an accidental death?

We are local attorneys with more than 50 combined years of experience among us. We have recovered millions of dollars for clients since our firm’s founding in 2013. Two of us were born and raised in Naperville.

Our legal careers have focused on helping the injured and bereaved recover compensation through personal injury and wrongful death claims. We consider the residents of this area to be our neighbors and treat each other with respect and empathy.

After A Loved One’s Fatal Injury, Consult An Illinois Wrongful Death Lawyer For Free

After your loved one’s fatal accident or attack, our wrongful death attorneys provide compassionate guidance and information based on decades of experience. We are here to answer your questions and help you try to put the pieces back together again.

To schedule a free consultation about the legal ramifications of a fatal injury, call Marker & Crannell in Naperville or Aurora at 630-912-6009 or send an email inquiry. If you would like to bypass the initial intake process, we give you the option of completing this form prior to our meeting.