Losing a loved one to a tragic accident can turn your life in Granite City, Illinois, upside down. The shock of a sudden loss, along with the cost of the deceased person’s final medical bills and burial costs, can make you feel helpless and overwhelmed. If your loved one died due to the negligent actions of another, Albers Injury Law, LLC can investigate your case, answer your legal questions, and provide you with peace of mind as you attempt to recover financially and emotionally.
What Is a Wrongful Death Action?
A wrongful death lawsuit is a civil action that brings charges of negligence, carelessness, or misconduct against individuals or companies that ended the life of another. Wrongful deaths occur in many ways, including:
- Drunk driving incidents
- Car accidents
- Product malfunctions
- Negligence that led to an accident
- Medical mistakes
No matter how your loved one died, an Illinois wrongful death lawyer from our office can assist you with building a case and holding those who caused the death financially accountable.
Who Can File a Wrongful Death Lawsuit?
In Illinois, the Wrongful Death Act allows only the spouse and surviving children to sue. In the event of no spouse or children, other individuals, such as parents, grandparents, and the deceased person’s siblings may have options.
If a fetus dies in an incident caused by negligence, the parents may sue the entity or individual who caused the death. For example, if a driver under the influence of drugs causes a car accident that kills a pregnant woman, her spouse can sue for both deaths. A wrongful death lawyer in Illinois can advise you of your right to sue on behalf of the decedent.
What Types of Compensation Can I Recover In a Wrongful Death Case?
While the details of your case determine the types of damage you can claim, economic, non-economic, and punitive are the primary damages that can be pursued. Our attorneys will guide you through the litigation process and assist with choices regarding compensation.
Economic damages
These damages refer to the verifiable monetary losses that stem from a wrongful death. After the loss of your loved one, you may file for a variety of economic losses, including:
- Funeral, cremation, and burial expenses
- Loss of future earnings
- Medical bills
- Loss of a future pension payout
During a wrongful death case, a judge and jury may consider a variety of circumstances regarding the decedent, including age, the needs of any children left behind, and his or her earning capacity.
Non-economic damages
These losses have no definable monetary value. They include the mental and emotional agony you suffer after the wrongful death of a loved one and may include pain and suffering, mental torment, the loss of enjoyment of life, and loss of consortium if your spouse was the victim of a negligent act.
Punitive damages
When a judge and jury find a person guilty of a wrongful death and the action that caused it was particularly negligent or careless, the court may hand down punitive damages, which punish the guilty party for their behavior that resulted in death. Drunk driving cases involving someone’s death sometimes include these damages. If you believe the actions that caused your family member’s death were especially negligent, an Illinois wrongful death lawyer from our offices has the experience to advise you of your rights concerning a punitive award.
What Is the Process for Filing a Wrongful Death Case in Illinois?
The Illinois statute of limitations for filing a wrongful death case is two years from the date of your loved one’s death. Acting quickly gives you ample time to prepare and meet with one of our attorneys.
Gathering evidence
Once you decide to seek legal advice, gathering all of your current documents helps our lawyers determine whether the case has merit and what types of compensation you can claim. Include photos of the accident scene, a physician’s and coroner’s report, and contact information for any witnesses you wish to bring into court.
Representation and serving papers
Once our attorneys accept your case, we aim to protect your privacy and serve your best interests. This means representing you inside and outside of court and serving the defendants with notice of the lawsuit so you don’t have to communicate with them directly.
Arbitration or court proceedings
If arbitration with the defendant’s insurance company or legal team ends without a resolution, your case will likely go to court. Our attorneys will build a case based on evidence and witness accounts that meet the required burden of proof.
How Do I Protect My Wrongful Death Suit?
Once we accept your case and build a foundation based on medical records, witness accounts, police reports, and a thorough investigation of the incident, you can safeguard your case by avoiding a few common pitfalls.
Avoid communicating with the defendant’s insurance company
The insurance company of the opposing party may contact you with questions or settlement offers to avoid a court case. Allowing our attorneys to communicate with any insurance representative can prevent you from accepting an unfair offer in a vulnerable moment.
Do not make public statements on social media
Social media sites create a community for people, and you might find yourself turning to your online social circle for support after the wrongful death. While you may find comfort in discussing your legal plans with others, you may reveal details that could harm your case. Consider taking a break from your social media pages during ongoing proceedings.
Do not omit any potentially liable parties
Wrongful death cases are charged with emotion. As you gather details for our attorneys, you may not realize additional parties may have contributed to the death of your loved one. Our attorneys will review your case and its circumstances to ensure we name all individuals involved in your lawsuit.
Why Do I Need a Granite City Wrongful Death Lawyer?
The emotions involved with a wrongful death are undeniably complex, as are the laws and statutes connected with such a case. This combination may leave you feeling mentally frozen and without any idea where to begin.
When you hire a wrongful death attorney from our office, you add knowledge and experience to your side and gain peace of mind that you can count on us for complete and dedicated representation.
Contact Us Today With Your Southern Illinois Wrongful Death Case
When you lose a loved one due to someone else’s carelessness and negligence, you may feel hopeless and confused in the aftermath. While nothing can replace your loss, you deserve compensation for your financial damages and emotional pain. Speak to a Granite City wrongful death lawyer from Albers Injury Law today and face the future with experienced legal advice in your corner.