Whether you’ve lost a family member in an accident or because of an act of violence in Chicago, Illinois, don’t hesitate to contact Powell and Pisman Injury Lawyers. You may have the right to seek compensation from the person responsible for your devastating loss.
While money won’t bring your family member back to you, it can help to offset the financial consequences of their death and serve as a sense of justice as you move forward. Our Chicago wrongful death lawyers want to help you maximize your recovery.
Since 2014, we have been fierce advocates for Chicago injury victims and families. Backed by 35 years of combined experience, we’ve helped our clients win over $250 million in damages.
Now, we’re here to help you fight for justice in the wake of a devastating personal loss. Force the results you deserve by trusting our award-winning Illinois trial attorneys to fight for you. We offer a free consultation. Contact our Chicago law office at (312) 635-5400 to get started.
How Powell and Pisman Injury Lawyers Can Help With a Wrongful Death Claim in Chicago, IL
The insurance company will appear to be sympathetic to your loss. However, this doesn’t mean the adjuster won’t try to use your grief to their advantage and attempt to get you to settle for way less than your claim is worth.
Don’t let the insurance company or other defendants dictate the terms of your wrongful death lawsuit. Put them on a level playing field by putting our Chicago personal injury lawyers in your corner.
Choosing Powell and Pisman Injury Lawyers means working with passionate, successful legal advocates with 35+ years of combined experience. Our client-driven strategies and track record of success have earned us top honors from Avvo, the American Society of Legal Advocates, Best Law Firms of America, and the National Trial Lawyers.
When you trust our personal injury law firm with your family’s wrongful death case, you’ll be able to count on us to:
- Launch a prompt investigation into the circumstances surrounding your loved one’s death
- Gather key pieces of evidence needed to support a successful legal claim for damages
- Enlist expert witnesses to offer insight and guidance as we build your case
- Develop strategies to counter claims of comparative negligence that could hurt your fight for compensation
- Craft a persuasive legal argument that proves your losses and forces the defense to take responsibility for your unimaginable loss
- Represent your family during settlement negotiations with the insurance company and/or at-fault party
- Take your wrongful death lawsuit to trial and persuade a jury to pay your family every cent you deserve
You’re under enough financial stress as it is. Hiring an attorney should make things easier, not more challenging. That’s why our wrongful death attorneys in Chicago represent families on contingency.
Contingency fee representation means there’s no cost to hire our personal injury law firm in Chicago unless we win compensation for your wrongful death case.
No win, no fee. That’s a promise we can make to you right now.
Contact our Chicago, IL, law office to learn more. Your first consultation is free.
How Does Illinois Define Wrongful Death?
The Illinois Wrongful Death Act defines wrongful death as:
- A death resulting from the “wrongful act, neglect or default” of another person
- That would have allowed the victim to file a personal injury lawsuit for damages if they’d survived.
Since the victim is deceased, the right to take legal action shifts to another party.
Who Has the Right to File a Wrongful Death Lawsuit in Chicago?
Not just anyone can file a wrongful death lawsuit in the city of Chicago. Illinois state law provides that only the victim’s personal representative reserves this power.
The personal representative, or the executor, is typically a close family member, a friend, or a personal injury attorney.
With some limited exceptions, the wrongful death lawsuit is filed by the personal representative for the benefit of the surviving spouse and the next of kin of the deceased person.
Next of kin can include a victim’s children, parents, and siblings.
Representing Clients in All Types of Wrongful Death Cases
Wrongful death lawsuits can arise when a person’s death is caused by criminal acts, a failure to act, or negligence.
At Powell and Pisman Injury Lawyers, our wrongful death lawyers in Chicago represent families who’ve lost close family members as a result of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Train accidents
- Bus accidents
- Uber and Lyft accidents
- Boating accidents
- Medical malpractice
- Birth injuries
- Nursing home abuse
- Slip and fall accidents
- Dog bites
- Negligent security
- Assaults
- Sexual assaults
- Defective products
- Construction accidents
- Workplace accidents
- Catastrophic injuries
If you suspect that your loved one’s death could have been avoided, call our Chicago personal injury law firm right away. Members of our team are available to offer the assistance you need 24 hours a day.
What Compensation Can Be Awarded in a Chicago Wrongful Death Claim?
Wrongful death lawsuits are intended to compensate a victim’s surviving spouse and next of kin for the ways in which the death has affected their lives. So, the types of damages that are awarded are slightly different than those awarded in other types of personal injury cases.
Under the Illinois Wrongful Death Act, both economic and non-economic damages can be awarded for:
- Grief, sorrow, and mental suffering
- The value of wages, income, and benefits the victim would have provided if they’d survived
- The value of household services provided by the victim
- Loss of instruction, moral training, and education of young children
- Loss of consortium
- Burial and funeral expenses
Through a related survival action, a surviving spouse or family member may also seek compensation to cover medical bills incurred prior to the victim’s death and other damages the victim would have been able to recover if they’d survived.
Families may also be entitled to punitive damages when a wrongful death lawsuit goes to trial. In these situations, punitive damages can be awarded if a jury determines that the defendant’s actions were intentional, reckless, or malicious.
Our Chicago personal injury attorneys will work closely with experts as we assess the ways in which your loved one’s death has affected your life. We’ll determine what your wrongful death case is worth and won’t rest until you’ve been fully compensated for your loss.
Can Shared Fault Affect a Wrongful Death Settlement in Illinois?
Yes. The Illinois modified comparative fault statute applies to most personal injury cases involving shared responsibility – including matters of wrongful death.
As a result, your loved one’s shared negligence can limit or prevent a financial recovery in your wrongful death lawsuit.
You’ll be prohibited from recovering compensation through a settlement or jury award if your family member’s shared fault is equal to or greater than 51 percent.
You can recover a limited financial award if their liability is equal to or less than half. In these situations, your wrongful death damages will be reduced in direct proportion to your family member’s shared liability.
Example: Your spouse was recently killed in a Chicago car accident. Your resulting damages are worth $500,000. However, your spouse is assigned 10 percent of the blame for their deadly crash. As a result, your maximum financial recovery will be limited to $450,000. If their shared responsibility was 60 percent, you’d lose the right to recover compensation from another party.
Our Chicago wrongful death attorneys understand that your family member isn’t around to tell their side of the story. They’re not here to defend themselves against claims of shared fault. Powell and Pisman Injury Lawyers will be. We’ll anticipate attempts to shift liability and fight to protect your opportunity to recover compensation for your loss.
What is the Statute of Limitations for Wrongful Death Lawsuits in Illinois?
Illinois applies a two-year statute of limitations to matters of wrongful death. This gives the personal representative of a decedent’s estate two years from the decedent’s death to file a claim on behalf of surviving family members.
The right to seek damages is lost once the two-year statute of limitations expires.
Don’t lose the right to recover the compensation your family needs and deserves after a fatal accident in Chicago. Reach out to our award-winning Illinois trial attorneys to discuss your situation right away. We can begin to work on your wrongful death claim as soon as you ask for our help.
Schedule a Free Consultation With an Experienced Chicago Wrongful Death Lawyer
If you’re struggling with the death of a family member after a tragic accident in Chicago, Illinois, don’t hesitate to call Powell and Pisman Injury Lawyers. Your family has the right to demand justice. Our Chicago wrongful death lawyers want to help you fight for every cent you need and deserve.
We bring over 35 years of collective experience and a proven track record of success to every case we litigate. We’ve won $250+ million in damages for our clients, including over 75 individual million-dollar recoveries.
Now, we want to help you make the most of an unimaginably difficult situation, too. Contact our Chicago law office today to learn more. Your first case evaluation is free.
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Chicago, IL Wrongful Death Blog Posts
Additional Chicago Wrongful Death Resources
- Illinois Compiled Statutes
- 740 ILCS 180/ Wrongful Death Act.
- Wrongful death – Legal Advice and Articles
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Visit Our Personal Injury Law Office in Chicago, IL
Powell and Pisman Injury Lawyers
875 N Dearborn St 4th Floor,
Chicago, IL 60610
(312) 635-5400
