Chicago Wrongful Death Attorney

If you’ve lost a loved one to someone else’s negligence, it can bring your world crashing down around you, and finding a way forward can seem out of reach. Wrongful death claims are the most difficult and fraught personal injury claims, but they are also important. Although there is no legal remedy that can bring your loved one back to you, obtaining just compensation can help you continue on your journey toward healing. If someone else’s negligence leads to the loss of a loved one, don’t wait to reach out to an experienced Chicago wrongful death attorney. 

What Constitutes a Wrongful Death Claim?

Wrongful death claims are based on cases in which a person loses his or her life as a result of someone else’s negligence – someone who owed the deceased a duty of care. Consider the following examples:

• Motorists owe everyone else on the road the duty of care of following the rules of the road. If their negligence leads to a deadly traffic accident, a wrongful death case may ensue.
• Property owners also owe their patrons (customers, clients, and guests) the duty of care of maintaining their properties in a manner that allows for reasonably safe passage. If a safety concern that the property owner knew about or should have known about – but did nothing about – leads to a fatal accident, a wrongful death claim may come into play. 

Although the victim doesn’t survive the negligence-induced accident and is, therefore, obviously unable to file a claim, his or her survivors can do so on his or her behalf.

Who Files the Wrongful Death Claim?

In Illinois, the surviving spouse of the victim and the victim’s children are allowed to file a wrongful death claim. If the decedent (the victim of the at-fault party’s negligence) has no spouse or children, other relatives may file, including the decedent’s parents or siblings. It’s worth noting that, in the State of Illinois, wrongful death claims are brought by the estate of the deceased (under the direction of a personal executor or representative) on the survivors’ behalf. The damages awarded will be distributed among each eligible survivor in accordance with how dependent he or she was upon the decedent, but ultimately, the court has vast discretion in this matter.

Damages Sought

When you lose a loved one, it’s difficult – if not impossible – to adequately measure your losses in a quantitative sense. The law, however, breaks your losses down into the following categories and allows you to seek damages accordingly:

• Burial and funeral expenses
• Lost financial support 
• Loss of inheritance
• Loss of companionship
• Loss of parental guidance

In some cases, in which the at-fault party’s negligence is especially reckless, punitive damages (that are intended to punish) may also be available. 

An Experienced Chicago Wrongful Death Attorney

If you’ve lost a loved one to someone else’s negligence, you have a difficult path forward, but the compassionate and resourceful Chicago wrongful death attorneys at Saks, Robinson & Rittenberg, Ltd., are well-positioned to help. Our experienced legal team is on your side, so please don’t hesitate to contact us for more information today.