CHICAGO WRONGFUL DEATH LAWYER
PRACTICE AREAS
The Chicago wrongful death lawyer team at Curcio & Casciato is highly skilled in managing sensitive Illinois wrongful death cases. As experienced Chicago wrongful death attorneys, they understand the emotional and financial turmoil that a loved one’s death brings to surviving family members. If you have lost a loved one due to someone else’s negligence or wrongful conduct, Curcio & Casciato’s law firm can guide you through the intricacies of filing an Illinois wrongful death lawsuit. Our Chicago wrongful death lawyers work on a contingency fee basis, meaning family members or wrongful death victims pay no legal fees unless our wrongful death attorneys successfully seek justice and secure financial compensation for the victim’s family. Understanding the stakes of a Chicago wrongful death lawsuit, each Chicago wrongful death lawyer is committed to holding responsible parties accountable and is dedicated to evaluating the long-term wrongful death case worth. With wrongful death, losing a loved one is profound, and Curcio & Casciato offers a free consultation to help you start the process of recovery and retribution.
Call 312-321-1111 to schedule a free case evaluation with an experienced wrongful death attorney in Chicago, IL.
Who Can Sue for Wrongful Death in Chicago, IL?
In Chicago, IL, the right to sue for wrongful death is primarily reserved for the deceased person’s family, including the surviving spouse, children, and parents, if there are no surviving children.
The victim’s family members can file wrongful death claims against the negligent party whose actions led to the untimely death of their loved one. The victim’s family can pursue financial compensation for their losses and damages by filing a wrongful death lawsuit with the help of a Chicago wrongful death lawyer.
It is essential for those affected to consult with a knowledgeable Chicago wrongful death attorney, who can guide them through the legal process of a civil lawsuit to ensure that they receive the justice and fair compensation they deserve.
Chicago Wrongful Death Laws
Under Illinois law, wrongful death occurs when an individual’s death is caused by the negligent or intentional actions of another. In these cases, a surviving spouse or children may file a wrongful death claim to recover damages that cover medical bills, future income, and other expenses incurred due to the loss.
The objective of wrongful death cases is to provide fair compensation to the family for their financial and emotional suffering.
The wrongful death action process can be complex and legally challenging. Consulting with a Chicago wrongful death lawyer is crucial to ensure that the family’s rights are adequately represented. At Curcio & Casciatio, our Chicago wrongful death lawyers have extensive experience navigating Illinois wrongful death laws and helping families pursue wrongful death lawsuits to recover damages for losses.
Survival Action vs Wrongful Death Lawsuit in Illinois
In Illinois, the difference between wrongful death and survival action lies in the nature of the claims and the damages sought.
A Chicago wrongful death lawsuit is filed by the surviving family members for their personal loss. Families can file wrongful death claims for lost future income and other financial compensation due to the death of their loved one. Wrongful death claims address the impact on the family due to the absence of the deceased.
Wrongful death claims often arise when someone else’s negligence caused fatal outcomes, such as a car accident causing fatal traumatic brain injuries or spinal cord injuries.
On the other hand, a survival action is filed on behalf of the deceased’s estate. Survival action claims seek compensation for the pain, suffering, or other damages the deceased endured before their death. The survival action essentially continues any claims that the deceased could have pursued if they had survived, with the defendant’s negligence still held accountable in a civil lawsuit.
If you need help filing a Chicago wrongful death lawsuit or survival action, contact an experienced Chicago wrongful death lawyer at our law firm for a free consultation today.
Chicago Wrongful Death Claims
In Chicago, wrongful death lawsuit claims allow a surviving spouse or family to recover compensation when a loved one has died due to a wrongful act. A wrongful death claim is essential for addressing the financial and emotional impacts experienced by the bereaved family, including future lost wages, funeral expenses, and loss of companionship.
To successfully file a wrongful death claim, it is important for family members to speak with a skilled Chicago wrongful death lawyer.
An experienced wrongful death attorney can provide the necessary legal guidance to ensure that all aspects of the wrongful death action is properly managed, maximizing the likelihood of favorable outcomes in Illinois wrongful death cases and helping families move forward with the support they need.
Drowning Accidents
Drowning accidents often result in wrongful deaths, leaving family members devastated and seeking justice. In Illinois wrongful death cases where negligence is a factor—such as inadequate safety measures or supervision—a wrongful death claim can be filed against the party responsible for the negligence with the help of an experienced Chicago wrongful death lawyer. These wrongful death claims serve to hold the negligent party accountable and provide the family members with a means to recover compensation for their immense loss.
A Chicago drowning attorney is crucial in these situations. Our Chicago wrongful death lawyers have the knowledge and experience needed to effectively represent the family’s interests and ensure that justice is served for their lost loved one.
Slip and Fall Accidents
Nursing home falls in Chicago can cause severe personal injuries and, in the worst cases, wrongful death.
When slip and fall accidents result in fatal injuries, the bereaved family members may have grounds to pursue a wrongful death claim. Wrongful death actions seek to address the negligence causing slip and fall accidents, whether due to improper care in a nursing home or unsafe property conditions.
Working with a proficient Chicago slip and fall lawyer is essential when involved in a wrongful death case stemming from a fall. Our Chicago wrongful death lawyer team has the skill required to effectively advocate for the rights of the deceased and their family.
Fires
Fires
Fires that result in fatalities can often lead to wrongful death cases if they were caused by a wrongful act, such as negligent or intentional actions.
In these instances, a personal representative of the deceased’s estate is responsible for initiating legal action. This representative, often a close family member or legally appointed individual, seeks to hold the responsible parties accountable for their actions that led to the tragic event.
By working with a knowledgeable Chicago wrongful death attorney, the personal representative can pursue justice and compensation for the loss suffered. This legal support is crucial in ensuring that the wrongful death claim is handled with the diligence and sensitivity it deserves.
Accidental Overdose
Accidental overdoses, particularly those linked to medication errors, can tragically result in wrongful death actions. A wrongful death lawsuit often involves aspects of medical malpractice where improper dosing, prescribing errors, or pharmacy mistakes are to blame. The consequences of medication errors can be devastating, not only emotionally but also financially, for the bereaved family.
To properly handle medical malpractice claims, the help of a Chicago medication error lawyer is crucial. Our Chicago wrongful death lawyer team works tirelessly to ensure that the at-fault parties and insurance companies involved are held accountable and that the family receives fair compensation.
Fatal Motor Vehicle Accidents
Fatal motor vehicle accidents are devastating events that can cause significant emotional and financial burdens for the families of those killed. If a negligent party injured someone fatally in a car accident, the surviving spouse or other relatives have the right to file a wrongful death claim.
Families affected by such tragic car accidents should seek the help of a Chicago fatal car accident lawyer. Our experienced Chicago wrongful death lawyers can provide essential guidance and representation, ensuring that the negligent parties are held accountable.
Work Accidents
Work accidents can result in serious personal injury and may even lead to wrongful death.
When such tragic incidents occur, the affected family may choose to file a wrongful death claim to seek compensation for their loss, covering everything from lost wages and medical bills to emotional distress.
Wrongful death lawsuits involve factors like complex workplace laws and insurance claims that usually require legal assistance from an experienced Chicago work injury lawyer. Contact our Chicago wrongful death attorneys to learn more about your legal rights.
Medical Malpractice
Medical malpractice is the cause of many wrongful death cases, including highly sensitive wrongful death lawsuits for unborn babies. These wrongful death cases often arise from failures in areas like antibiotic stewardship, where improper management and use of medications can result in fatal outcomes.
In Chicago, families dealing with the aftermath of medical malpractice can benefit from the support of experienced Chicago medical malpractice lawyers. Our Chicago wrongful death attorneys are adept at addressing the intricate aspects of medical malpractice and wrongful death action, holding negligent healthcare providers accountable for their actions.
Nursing Home Neglect
Nursing home neglect is a frequently overlooked issue that leads to numerous wrongful death cases each year. Nursing home abuse and neglect can manifest in various ways, such as inadequate medical care, poor hygiene, or failure to provide necessary assistance, all of which can have fatal consequences for vulnerable residents.
Chicago nursing home wrongful death lawyers help families by identifying signs of neglect and building strong cases to ensure that justice is served and similar oversights are prevented in the future.
Fatal Birth Injuries
Fatal birth injuries, a deeply tragic form of medical malpractice, can result in wrongful death claims when inadequate medical care results in the death of a newborn or mother.
These wrongful deaths not only cause immense mental suffering for the family but also prompt serious legal action against those responsible.
In such cases, a Chicago birth injury lawyer or Chicago maternal death lawyer can help families successfully file a wrongful death claim. Their support is essential in securing justice and compensation for the loss and emotional trauma endured by the grieving family.
Other Causes of Wrongful Death
Other causes of Illinois wrongful death cases can include defective products, construction site accidents, or inadequate security that leads to violent crimes. Families seeking justice often turn to a reputable Chicago wrongful death law firm like Curcio & Casciato to pursue rightful compensation for their losses. A skilled Chicago wrongful death attorney understands the nature of Illinois wrongful death law, offering compassionate support and aggressive advocacy.
How Chicago Wrongful Death Claims Work
In Chicago, a wrongful death claim operates distinctively from a personal injury claim due to the nature of the damages sought and the parties involved.
Unlike a personal injury lawsuit, where the injured individual seeks compensation for their own losses, a wrongful death lawsuit is initiated by the surviving spouse, family members, or the deceased’s estate to seek damages for the losses they have suffered as a result of the death. This could include financial losses, such as lost income, funeral expenses, and emotional damages.
A Chicago wrongful death attorney can help by gathering evidence to establish negligence, negotiating with insurance companies, and potentially representing the family in court if a fair settlement cannot be reached.
Liability in Chicago Wrongful Death Lawsuits
In wrongful death lawsuits, establishing liability relies on proving the defendant’s negligence or wrongful actions directly contributed to the death of the individual.
In instances of medical malpractice, for example, the plaintiff must demonstrate that the healthcare provider breached the standard of care, leading to the patient’s death.
A Chicago wrongful death lawyer can establish liability by gathering evidence and consulting expert witnesses to build a compelling case that demonstrates the defendant’s responsibility for the death.
How Our Chicago Wrongful Death Lawyers Can Help
The experienced Chicago wrongful death lawyers at Curcio & Casciatio are here to provide compassionate support and legal guidance during your time of need.
With a deep understanding of Illinois law, we will diligently investigate the circumstances surrounding your loved one’s death and work tirelessly to hold the responsible parties accountable.
Whether wrongful death cases involve medical malpractice, car accidents, or other forms of negligence, our wrongful death attorneys will fight to secure the justice and compensation you deserve.
How to Prove Wrongful Death in Illinois
Proving wrongful death in Illinois requires thorough investigation and gathering of evidence to establish negligence or intentional wrongdoing by the responsible party. This process typically involves examining medical records, accident reports, witness testimonies, and expert opinions to build a compelling case.
Key elements in proving wrongful death include demonstrating that the defendant had a duty of care to the deceased, that they breached that duty through their actions or negligence, and that this breach directly caused the death. Additionally, damages such as financial losses, emotional suffering, and loss of companionship must be documented to support the wrongful death lawsuit.
Compensation in a Chicago Wrongful Death Lawsuit
When families sue for a wrongful death, they typically seek reimbursement for tangible expenses like medical bills, funeral costs, and lost income the deceased would have provided.
Compensation may also include intangible damages such as pain and suffering, loss of companionship, and emotional distress endured by surviving family members.
Average Wrongful Death Settlement Illinois
The average settlement for a wrongful death lawsuit in Illinois can range from thousands to millions of dollars. This amount varies depending on factors such as the circumstances of the case, the extent of damages incurred, and the strength of the evidence presented.
Factors such as the deceased’s age, earning potential, and the impact of their loss on surviving family members all play a role in determining the settlement amount.
Additionally, the defendant’s insurance coverage and willingness to negotiate can also influence the final settlement figure.
Wrongful Death Statute of Limitations Illinois
The statute of limitations for filing a wrongful death claim in Chicago is two years from the date of the individual’s death.
Failing to file within the specified time frame can result in the forfeiture of the right to pursue compensation. Consulting with a Chicago wrongful death attorney as soon as possible allows sufficient time to gather evidence, assess damages, and build a strong case.
Chicago Wrongful Death Attorneys FAQ
Chicago wrongful death attorneys frequently address common questions regarding the legal process and potential outcomes for families seeking justice after the loss of a loved one due to negligence or misconduct.
What is the Illinois Wrongful Death Act?
The Illinois Wrongful Death Act is legislation that allows the heirs and next of kin of a deceased person to file a wrongful death lawsuit to recover damages when a wrongful death occurs due to negligent or intentional actions. The Illinois Wrongful Death Act seeks to compensate surviving family members for the losses they suffer because of their loved one’s death.
What is Survival Action?
Survival action can be made in addition to wrongful death lawsuits. This allows the estate of the deceased person to recover compensation for the pain and suffering, lost income, and medical expenses incurred by the deceased person from the time of personal injury until their death.
What are the Chances of Winning a Wrongful Death Suit?
The chances of winning a wrongful death lawsuit depend on various factors, including the strength of the evidence, the applicable laws, and the skill of the legal representation. Families have a better chance of achieving a favorable outcome with the guidance of an experienced wrongful death attorney who understands the nuances of wrongful death claims.
How Long Does a Wrongful Death Lawsuit Take in Illinois?
A wrongful death lawsuit in Illinois can take one to four years. The duration of Illinois wrongful death lawsuits depends on the complexity of the wrongful death claim, the court’s schedule, and whether the wrongful death case is settled out of court or goes to trial.
How are Wrongful Death Settlements Paid Out?
Wrongful death settlements are usually paid out as a lump sum or through structured settlement payments.
Who Pays in a Wrongful Death Suit?
In a wrongful death lawsuit, the compensation is typically paid by the party found liable for the death, which may include individuals, businesses, or entities. In many cases, the insurance companies involved may cover the damages awarded in the lawsuit up to the policy’s limits. However, if the liable party is uninsured or underinsured, they may be personally responsible for paying the damages. If multiple parties are found to be at fault, they may share the financial responsibility according to their degree of fault.
Chicago Wrongful Death Attorney
If you seek skilled and compassionate legal representation in your Illinois wrongful death lawsuit, turn to the experienced Chicago wrongful death attorneys at Curcio & Casciatio. Our Chicago personal injury law firm is dedicated to helping you successfully file wrongful death claims and seek justice for your loved one.
If you’ve lost a loved one due to negligence or misconduct, don’t hesitate to seek justice. Call 312-321-1111 or contact us online to schedule a free consultation.
