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Who Is Entitled to Wrongful Death Benefits?

Posted on June 14, 2023 in

Losing a loved one unexpectedly is a devastating experience that can leave you feeling mournful and in emotional distress. While nothing can bring back your loved one, a wrongful death attorney in Chicago can help you get compensation for your financial and emotional loss. It’s important that you find an attorney to help you hold the negligent party accountable so you can begin to heal from your grief.

What is the wrongful death law in Chicago?

Wrongful death law refers to the legal framework that’s designed to provide compensation to the family members of a loved one who may have experienced a fatal accident due to the negligence or misconduct of another party. Wrongful death can include car accidents, truck accidents, medical malpractice, premises liability, nursing home abuse, and more.

The Illinois Wrongful Death Act allows family members to recover damages such as medical expenses, funeral costs, loss of benefits, loss of future earnings, loss of companionship, pain and suffering, and punitive damages. Finding a wrongful death lawyer in the state of Illinois can assist you with this legal process.

Can a beneficiary sue for wrongful death in Illinois?

Statue of Lady Justice holding scales to represent how a wrongful death attorney in Chicago can assist a surviving family member in seeking justice

If you’re wondering whether you can file a wrongful death claim, these can be initiated by immediate family members, a surviving spouse, a parent of a deceased minor child, and the decedent’s estate representative. Filing a claim with a wrongful death attorney in Chicago alleges that the death occurred as the result of negligence or due to a wrongful act.

Navigating the process of wrongful death can be complicated. However, an experienced attorney can provide legal advice and support during this difficult time. You’ll want to choose a law firm like Duncan Law Group with years of experience handling wrongful death lawsuits.

Wrongful Death Benefits

Now that you know who can file a wrongful death claim, you may want to learn about the types of damages you can recover when you decide to take legal action:

  • Medical expenses
  • Funeral or burial costs
  • Loss of benefits or services
  • Loss of future earnings by the decedent
  • Loss of companionship and society
  • Pain and suffering
  • Punitive damages

Keep in mind that if you do plan to pursue the litigation process, you should act quickly to ensure your claim is handled efficiently and effectively.

What is the statute of limitations for a wrongful death lawsuit?

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The state of Illinois is subject to a statute of limitations. Family members have to file a claim within two years. It’s best to set up an initial consultation with a Chicago wrongful death lawyer in order to ensure you take the necessary steps to investigate the accident and gather evidence. Make sure they possess in-depth knowledge of the relevant laws regarding the statute of limitations and have experience representing families in cases similar to yours.

Proving Fault for Wrongful Death

In order to recover damages on behalf of the surviving family, a wrongful death lawyer must prove fault. Here are the steps to prove fault for this type of claim:

  • Establishing duty of care: This step involves establishing that the defendant owed your loved one a specific responsibility a the time of the accident. The exact duty of care will depend on the details. For example, if the victim of the wrongful death accident was seeking out medical care from a health professional, then the healthcare provider should have upheld a certain standard of health care.
  • Showing evidence of the deviation from the duty of care: Once the duty of care is identified, the claim will need to prove that the at-fault party deviated from the duty of care. Following the same example, perhaps the healthcare provider failed to diagnose a patient and therefore did not provide proper treatment.
  • Proving direct causation: Proving direct causation has to do with showing that the victim died as a direct result of the breach of duty of care. This can typically be proven using medical records, test results, autopsy reports, as well as witness testimonies.
  • Listing the damages suffered: The surviving family must also list economic and non-economic damages that cover emotional and financial losses. Economic damages can include income loss, medical expenses, and funeral costs. Non-economic damages include loss of companionship and emotional pain and suffering.

The right legal team can help you deal with such an unexpected loss. Seek justice for your loved one with the help of a wrongful death attorney in Chicago.

What is the average wrongful death settlement in Illinois?

You may be wondering about the average wrongful death settlement in the state of Illinois. However, it’s necessary to understand that each wrongful death claim is unique. The settlement amount can vary widely depending on the specific circumstances of the case. This can include the age and earning potential of the decedent, the liability of the party at fault, as well as many other factors.

That’s why it’s important to choose a lawyer with the expertise and knowledge to navigate this complex legal process. The right attorney will help you maximize your chances of obtaining a just amount in terms of monetary compensation.

Contact a Wrongful Death Lawyer at Duncan Law Today

A wrongful death attorney in Chicago adjusting their tie

At Duncan Law Group, you can rest assured you’re in the right hands. If you’re searching for a wrongful death attorney in Chicago, our firm is ready to fight for your rights and hold the liable parties responsible for their negligence. We’ll help you earn fair compensation on behalf of your loved one.

Our attorneys will do everything from gathering evidence and negotiating to securing a settlement that improves your quality of life. Allow our expertise to put you at ease and start taking your first steps toward compensation. Don’t wait. Schedule a free consultation with Duncan Law Group today.