WRONGFUL DEATH ATTORNEYS IN NAPERVILLE, ILLINOIS
According to an Illinois Crash Facts and Statistics report from the Illinois Department of Transportation, there were 319,146 motor vehicle crashes statewide in 2018, resulting in 1,035 fatalities. Losing a loved one can be a heartbreaking and overwhelming experience. If you believe that your family member's death was caused by another party’s negligence, you may be eligible to receive compensation by filing a wrongful death claim against the responsible party.
At Marker & Crannell, we have the resources and experience to help you hold the responsible party accountable for your family member's death. As your legal counsel, we will review and investigate all of the facts of your case, gather the required evidence, and help you file a wrongful death action. Our experienced Illinois personal injury attorneys will fight vigorously to protect your rights and pursue rightful compensation to cover funeral expenses, burial costs, lost income and benefits, outstanding medical expenses, and loss of consortium.
At Marker & Crannell, we proudly serve wrongful death victims and their families in Naperville, Illinois, and other surrounding communities across Bolingbrook, Aurora, and Wheaton. Contact us today to schedule a consultation.
Filing a Wrongful Death Claim
Dealing with the death of a family member can be horrifying. Wrongful death, in legal terms, can be defined as a preventable death that occurred as a result of someone else's negligent or wrongful actions. The main goal of a wrongful death claim is to:
Hold the responsible party accountable for an avoidable death
Compensate the surviving loved ones of the deceased person
Although a wrongful death action won't bring the decedent back to life, a wrongful death claim can give the deceased person’s family the opportunity to hold the responsible party accountable so that such a devastating event doesn't happen to another person. The decedent's surviving family members can also get the much-needed financial assistance to cover lost income, funeral expenses, burial expenses, as well as the medical expenses accrued.
Wrongful Death in Illinois?
An Illinois wrongful death action is a claim that is brought on behalf of a deceased person to allow the decedent's surviving family members to recover financial compensation for their own losses resulting from the death and its effect on them. Pursuant to 740 Illinois Compiled Statutes 180,
"Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person or entity that caused the death can be held liable in a wrongful death lawsuit."
In order to establish a wrongful death claim in Illinois, the plaintiff must prove that:
The at-fault party owed a legal duty of care to the decedent
There was a breach in the legal duty of care
A death occurred
The person died due to the defendant's negligent or wrongful actions
The surviving loved ones suffered actual damages due to the death
Who Is Eligible to File
A Wrongful Death Claim?
In Illinois, a wrongful death claim must be filed by the "personal representative" of the deceased person. This personal representative can be the decedent’s:
Statute of Limitations
The statute of limitations often varies depending on the identity of the plaintiff, the defendant, and the type of lawsuit that is being brought. According to 735 ILCS 5/13-209, a wrongful death action must be filed within one year of the date of the decedent's death.
In an Illinois wrongful death lawsuit, damages are paid "for the exclusive benefit of the surviving spouse and next of kin of the deceased person." The following damages may be recovered through a wrongful death action:
Direct economic losses
Funeral and burial expenses
Damages for loss of care, support, companionship, and affection
Damages for grief, sorrow, and mental suffering of the next of kin
Work with An Experienced Attorney
The death of a loved one is often devastating and can affect your physical, financial, and emotional well-being. Thankfully, you don't have to go through the grief and challenges all alone. Retaining experienced Illinois wrongful death attorneys is paramount to help protect your rights and pursue the compensation you deserve after your loss.
At Marker & Crannell, our attorneys have devoted their careers to handling a wide range of legal matters, including personal injury and wrongful death cases. As your legal counsel, we will review every last detail of your case, conduct a thorough investigation, gather necessary documentation, and work to establish that the defendant's wrongful actions caused the death.
What's more, our attorneys can offer you the comprehensive legal guidance, support, and assistance you need during this critical time. We will fight vigorously on your behalf to protect your rights, hold the responsible party accountable, and help you recover fair financial compensation for your loss. Having us on your side can make a big difference in your wrongful death lawsuit.
If you are involved in a car accident or another injury matter in Illinois, you must have several thoughts running through your mind. Here are some related articles to answer your questions:
WRONGFUL DEATH ATTORNEYS SERVING NAPERVILLE, ILLINOIS
If you have lost a parent, spouse, child, or close relative to someone else's wrongful actions, you have the right to take legal action. Contact our team at Marker & Crannell today to schedule a free consultation. We're proud to represent clients throughout Naperville, Bolingbrook, Aurora, and Wheaton, Illinois. Call us today to get the help you need.