Wrongful Death Attorney
Leading Illinois Wrongful Death Lawyer
Illinois wrongful death lawyer will help you if you have lost a loved one in a crash or incident that was not the fault of your loved one.
Whether the loss of your loved one was sudden or anticipated, the pain felt by those left behind will endure for weeks, months, and years. The fact that your loved one’s death was caused by the negligence of another party—a death that could have been prevented—makes the pain and anger that much more intense. If you lost a family member due to a traffic collision, from long-term workplace exposure to asbestos, from a defective product, from medical malpractice, from a premises crash, or from any other type of negligence, an attorney can help you file a wrongful death claim to hold that party responsible.
During this time of grieving, it is entirely understandable, and expected, that you spend your days with loved ones and focus on self-care, which is why it is essential for an experienced attorney to handle the legal aspect of filing your wrongful death lawsuit.
The Illinois wrongful death lawyers at Owaynat Law put your interests first. We understand how difficult this time is for you and your family. We are here for you in your time of need and are happy to discuss your case with you at no cost.
Is Now the Right Time to Pursue Financial Compensation?
Whether your loved one was the primary breadwinner or not, the financial impact of a death in the family is usually extreme. Not even including the costs of a funeral and burial proceedings, a death takes an enormous financial toll on all of those closely impacted.
Expenses that few people think about include the extra cost of childcare, therapy, and lost wages on behalf of the grieving spouse. Survivors sometimes also experience rapid declines in health; a recent study found that spouses are more likely to suffer a heart attack or stroke in the 30 days following the death of a partner.
Of course, there are often medical expenses to cover, lost wages of deceased victim, property damage, and much more. Survivors sometimes question whether they should be focusing at all on a wrongful death lawsuit so close to the time of death, but the truth is that few people are in the financial position to wait.
A wrongful death claim takes many months to settle out of court—typically more than a year. If the lawsuit goes to court, it takes even longer for compensation to be awarded. It is best to take action soon, while evidence and eyewitness memories are still fresh, and time is on your side.
Who can File a Wrongful Death Lawsuit in Illinois?
The following individuals can file a wrongful death lawsuit in Illinois:
- Spouse of the deceased;
- Children of the deceased;
- Legal guardian of the deceased; and
- Parent of the deceased.
Compensation in Wrongful Death Claims
Depending on the type of injury or illness that took your loved one, in addition to the other specifics of the case, you can seek the following forms of compensation:
- Medical expenses;
- Pain and suffering of the victim;
- Lost earnings of the victim;
- Loss of consortium (loss of companionship and care);
- Loss of enjoyment of life for those left behind;
- Mental anguish for those left behind;
- Property damage; and
- Punitive damages if the act was intentional.
How Lost Earning is Calculated
The largest aspect of a wrongful death claim is almost always the lost future earnings of the victim. The average lifetime earnings of an American with a bachelor’s degree is well over $2 million. For those with a graduate degree, that number exceeds $3 million, according to the Social Security Administration.
As such, the victim’s level of education is taken into account when determining their lost earnings. Moreover, their age, health, earning capacity, current job, and work experience are taken into account, as well. Generally, the greater the number of years that were taken away from the victim, the greater the lost earnings will be.
There is an exception for children, however. It would be impossible to determine what a 9-year-old will grow up to be, and therefore it cannot be argued that, if a child is killed by a drunk driver, the child’s lost earning would have been $10 million because she had planned to be a doctor when she grew up. Sadly, because of this, the deaths of children are not compensated as highly as the deaths of adults.
It is easy to predict what a 40-year-old construction worker or a dentist would have earned in the next 20 or 25 years of their careers, but virtually impossible to say what a young child would have earned—a reality that insurance adjusters are quick to grab onto. Whether you lost a child, husband, wife, or parent, an attorney will aggressively fight for maximum compensation not just through lost earning capacity, but by revealing pain and suffering, loss of enjoyment of life, loss of consortium, and more.
We Have Experience Representing Clients in the Following Types of Wrongful Death Cases
Our Illinois wrongful death lawyers have experience in all of the following types of wrongful death claims. We aggressively pursue maximum compensation for our clients, utilizing expert witnesses and crash reconstruction professionals to get to the bottom of what happened. Oftentimes, there are multiple negligent parties as well as insurance policies to pursue, which can dramatically increase the compensation that the survivors receive.
- Car collisions;
- Truck collisions;
- Motorcycle collisions;
- Pedestrian collisions;
- Bicycle collisions;
- Slip and fall Crashes;
- Swimming pool drownings;
- Defective, dangerous, or recalled products;
- Negligent security premises claims;
- Construction site Crashes;
- Other workplace Crashes, and toxic torts;
- Hazardous building Crashes;
- Assault and battery;
- Nursing home abuse and neglect;
- Medical malpractice; and
Reach Out to an Experienced Illinois Wrongful Death Lawyer Today
The compassionate Illinois wrongful death lawyer of Owaynat Law are here to help you navigate this difficult time, and to come out of it without being financially ruined as a result of another party’s careless, reckless, or malevolent actions. To speak with a lawyer, call (773) 645-9997 or fill this form to schedule a FREE CONSULTATION today.