Chicago Wrongful Death Lawyer
Losing a loved one is a heartbreaking experience, and when that loss is caused by someone else’s negligence or misconduct, the grief can feel even more overwhelming.
If you are navigating the emotional, financial, and legal challenges of a wrongful death, the compassionate team at Mulholland Injury Law is here to help.
Our experienced Chicago wrongful death lawyers are committed to securing justice and financial relief for families who have suffered an unimaginable loss.
What Is a Wrongful Death Claim?
A wrongful death occurs when an individual dies due to the negligence, recklessness, or intentional actions of another party.
Illinois law allows certain family members to file a wrongful death lawsuit to seek compensation for the losses associated with their loved one’s death. Common scenarios leading to wrongful death claims include:
Defective Products
Nursing Home Neglect
Who Can File a Wrongful Death Lawsuit in Illinois?
Under the Illinois Wrongful Death Act, only specific individuals are legally entitled to file a wrongful death claim. These include:
- The Personal Representative: Typically, the executor of the deceased’s estate initiates the claim on behalf of the beneficiaries.
- Immediate Family Members: Spouses, children, and sometimes parents are the primary beneficiaries.
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Who Can Be Held Responsible for Wrongful Death in Chicago?
In wrongful death cases, multiple parties may be held accountable depending on the circumstances surrounding the incident. Here’s an overview of the potential defendants:
1. Individuals
An individual whose negligent or intentional actions caused the death can be sued. For example:
- Drivers in fatal car accidents caused by reckless or drunk driving.
- Medical Professionals responsible for fatal errors in treatment or surgery.
2. Employers
3. Manufacturers
4. Property Owners
5. Government Entities
6. Third Parties
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Economic Damages
- Loss of Financial Support: Compensation for the income the deceased would have provided.
- Funeral and Burial Costs: Reimbursement for end-of-life expenses.
- Medical Bills: Costs incurred from treatment prior to the victim’s death.
Non-Economic Damages
- Loss of Companionship: Compensation for the emotional toll of losing a spouse, parent, or child.
- Pain and Suffering: For the anguish experienced by family members due to their loss.
- Loss of Guidance: Particularly relevant in cases where young children lose a parent.
Punitive Damages
The Legal Process for a Wrongful Death Claim
- Initial Consultation: Our team will assess the circumstances of your case during a free consultation.
- Investigation: We gather evidence, including police reports, medical records, and witness statements.
- Filing the Lawsuit: A formal claim is filed within the statute of limitations, which is typically two years from the date of death in Illinois.
- Negotiation: Many wrongful death cases are resolved through settlements, sparing families the stress of a trial.
- Trial: If a settlement cannot be reached, we will advocate for you in court to secure fair compensation.
How Can a Wrongful Death Lawyer Assist with Your Case?
Wrongful death claims are legally complex and emotionally taxing. Hiring a skilled lawyer ensures that:
- Deadlines Are Met: Illinois law imposes strict timelines for filing claims.
- Your Rights Are Protected: Insurance companies and opposing parties may try to undervalue your claim.
- You Can Focus on Healing: We handle the legal aspects so you can prioritize your family’s emotional recovery.
Why Choose Mulholland Injury Law?
- Compassionate Advocacy: We understand the emotional toll of losing a loved one and approach every case with sensitivity.
- Proven Results: Our attorneys have a track record of securing substantial settlements and verdicts.
- No Upfront Costs We operate on a contingency fee basis—you don’t pay unless we win your case.
Frequently Asked Questions (FAQs)
What’s the Difference Between a Survival Action and a Wrongful Death Claim?
A survival action seeks compensation for the pain, suffering, and other damages experienced by the deceased before passing. A wrongful death claim, on the other hand, focuses on compensating the family members for their losses after the loved one’s death.
Can I File a Wrongful Death Claim If the Deceased Was Partially at Fault?
Yes, Illinois follows a comparative negligence rule. If the deceased was less than 50% responsible for the incident, their family may still recover compensation. However, the amount may be reduced based on their percentage of fault.
What Evidence Is Needed for a Successful Claim?
Essential evidence includes medical records, accident reports, witness testimonies, expert opinions (e.g., medical experts), and proof of financial dependency for damages claims.
Do All Wrongful Death Cases Go to Trial?
Not necessarily. Many cases are resolved through negotiations and settlements. However, if a fair agreement cannot be reached, we are prepared to take the case to court.
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At Mulholland Injury Law, we are committed to providing exceptional legal services tailored to your needs. Contact us today for a free consultation.
Can I Still File a Claim If the Deceased Had No Dependents?
Yes, parents or representatives of the deceased’s estate may file a claim, even if there are no immediate dependents.
What Is the Role of Insurance in a Wrongful Death Claim?
Insurance plays a significant role, especially in cases involving auto accidents, medical malpractice, or workplace incidents. Our attorneys negotiate with insurance companies to ensure you receive maximum compensation.
How Is Emotional Distress Valued in a Wrongful Death Case?
Calculating non-economic damages like emotional distress can be complex. Courts consider factors like the deceased’s relationship with surviving family members and the impact of their loss on the family’s well-being.
Can a Criminal Case Affect a Wrongful Death Claim?
Yes, but they are separate. A criminal case determines guilt and may result in penalties like imprisonment. A wrongful death lawsuit is a civil matter focused on financial compensation for the family.
Contact a Chicago Wrongful Death Lawyer Today
No amount of money can replace your loved one, but holding the responsible party accountable can provide justice and financial stability during a difficult time. At Mulholland Injury Law, we are committed to helping families navigate this challenging process with compassion and expertise.
Call us today at (312) 386-6706 or fill out our online contact form for a free consultation. Let us help you honor your loved one’s memory by fighting for the justice you deserve.
Expert Legal Representation by
Toby P. Mulholland,
Your Trusted Injury Lawyer
Since launching his law practice in 2000, Toby P. Mulholland has been a dedicated advocate for clients suffering serious injuries. He has extensive experience handling a wide range of personal injury cases, including motor vehicle accidents, wrongful death claims, construction accidents, premises liability, dog bite cases, and catastrophic injury litigation.
Toby’s distinguished career is marked by his skill in litigation, participating in numerous trials, mediations, arbitrations, and depositions. His innovative approaches to depositions have consistently resulted in successful outcomes for even the most complex cases. Clients appreciate his ability to navigate high-stakes situations with a creative, results-oriented approach.
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