Illinois Wrongful Death
If you live in Illinois and are reading this article, then you may have just suffered one of the worst experiences in life, which is to lose a loved one. If this is the case, then we at Carabin Shaw are tremendously sorry for your loss, but this is not something you have to go through alone. We know that losing a loved one is even more traumatic when their death was caused by another person’s negligence, and could have been prevented. If you have experienced such a tragedy, please read on to learn more about how to file a wrongful death claim in Illinois.Contacting A Lawyer After a Suspected Wrongful Death
No matter what the circumstances are of the accident that led to your loved one’s passing, you will almost certainly be researching, or are already in contact with, an Illinois injury attorney. This is the right first step, as a wrongful death lawyer in Illinois can help organize the details of your case, including:
- Liability: who is at fault for the accident
- Potential damages: how much compensation you may be able to claim in a lawsuit
- Timeline: making sure your case progresses and is filed before the statute of limitation is exceeded
Illinois attorney Jesse Guerra, for example, is a trusted lawyer who is experienced with personal injury and wrongful death suits, and can help you achieve the justice you deserve.Organizing the Facts Of Your Case
Your attorney will need all of the information about your case, so make sure you are honest about all of the details surrounding the accident. They will then be best equipped to help attain crucial elements of your case, such as:
- Police records
- Hospital and doctor’s records
- Eyewitness testimony
- Photographic evidence
- Any other details relevant to your case
This evidence is so important because it is what your attorney will need to prove liability in your case. This information will allow you to make the case that the defendant acted negligently, and this negligence led to a wrongful death. In this usage, the term “negligence” refers to actions taken, or not taken, by a person or persons that led to the wrongful death.
For example, if a driver causes an accident because they were driving while fatigued, impaired, distracted, or under the influence, that is negligence. Or if a pool owner failed to maintain proper safety precautions around their swimming pool and a child accidently drowned, that is also negligence. Likewise, if an employer does not provide adequate safety equipment, follow necessary precautions and procedure, or fails to train their employees enough, then that may be considered negligence in a court of law.
Once negligence is proven, your lawyer will be able to sue for damages.Potential Damages
As part of the wrongful death lawsuit, your lawyer will seek damages on your behalf for a variety of different reasons. Some are tied to a specific value, which are called “economic damages,” and some are not (“non-economic damages”). If your suit goes to trial, you can be awarded damages for any or all of the following:
- Medical expenses
- Lost of wages and/or future income
- Funeral expenses
- Pain and suffering
- Punitive damages
Note that the last item on this list, punitive damages, is a rare circumstance that occurs when the accident leading to death was particularly egregious, such as driving while intoxicated or some other form of criminal negligence. Your chosen Illinois injury attorney will be able to explain more.What To Do Next
In order to win your case, you need a strong, experienced wrongful death lawyer in Illinois on your side. They will organize, analyze, and present the facts of your case and demonstrate with strong evidence that the defendant (or defendants) acted negligently—and that negligence led directly to a wrongful death.
Consider speaking with Illinois attorney Jesse Guerra, who is part of the expert team of lawyers at Carabin Shaw, about your case. Carabin Shaw has won over $1 billion for our clients over the past twenty years, and they can help you with your case, too. Call us today at 1-800-555-0101.