- 25 E Washington STE 1233 Chicago, IL 60602
- 600 Green Bay Rd Kenilworth, IL 60043-1052
Getting Ready for Trial the Day You Walk Into the Office
A loved one’s death is always hard on a family, but it can be especially heartbreaking when the deceased did not have to die. Losing someone you love because someone else acted negligently is an experience nobody can understand until it happens to them. The grief, anger, and confusion can be overwhelming. So can figuring out how your family can make ends meet from now on.
You should not have to worry about finances after a wrongful death. Since we opened in 1990, Munday & Nathan has successfully guided numerous families in the Chicago area, including Will, Cook, and Lake counties, through the wrongful death litigation process. Our attorneys and staff bring considerable resources and experience to these matters, along with a deep sensitivity to what you and your family are going through. Turn to us for compassionate, effective wrongful death representation.
Wrongful death is a form of personal injury claim. It is the result of the death of a person that would not have happened but for the negligence of the offending party. Whether a physician, other professional, truck driver, architect, or other party responsible for the negligent act. Common wrongful death cases involve:
The biggest difference between a wrongful death claim and most other personal injury lawsuits is the person who brings the suit. In Illinois, it is the personal representative of the deceased’s estate (also known as the executor) who must be the one to sue for wrongful death. This is often the deceased’s surviving spouse or one of their children. They stand in for the deceased and seek compensation on their behalf. Damages can include:
The deceased’s surviving spouse and children, if any, can also seek compensation for damages caused by the death, such as:
If the deceased left no surviving spouse or children, their surviving parents could have the right to compensation instead. The level of compensation you should expect depends largely on individual details, such as the deceased’s income at the time of their injuries, what they reasonably could have been expected to earn in the future, and their relationship with the surviving relatives.
Sometimes, it is fairly simple to draw a connection between a party’s negligence and another party’s death, such as in a deadly drunk driving accident. Other times, establishing liability is far more complicated. Our attorneys have collectively handled hundreds of personal injury claims, including wrongful death. We are adept at establishing a “chain of causation,” the legal term for the series of events triggered by one party’s negligence that leads to the victim’s death. For example, if defective brakes caused a driver to lose control and get into a deadly car accident, we can investigate to show that negligence by the brakes manufacturer, automaker, or both led to the tragedy.
Our ability to translate complex evidence and legal concepts the judge or jury is unmatched in the region. So is our commitment to relieving families of financial burdens caused by the careless disregard of a person, business, or government entity. Often, our reputation in the courtroom gives us leverage against the defendants in settlement negotiations, helping you get more of the compensation you deserve.
Financial restitution for a wrongful death can be crucial for keeping your family stable. Often, however, families have more reasons for filing a claim. Many of our clients report feeling like justice has been served after a successful trial or settlement, especially when the defendant has not been charged with a crime. This can play a role in the emotional healing process.
Finding a negligent person, business, or other party liable for a wrongful death can also expose their behavior publicly and, hopefully, make our society a little safer.
You might have heard that the law puts a time limit on filing personal injury claims. This is called the “statute of limitations,” and it is a very complex rule that attempts to place a deadline to file a lawsuit.
With all the exceptions in Illinois’ personal injury statute of limitations law, the only way you can know for sure if you can still file a wrongful death claim is to talk to a personal injury lawyer. One of our attorneys will go over the details of what happened to your loved one and if the statute of limitations has “tolled,” or expired, yet, or if you still have time to pursue recovery for damages.
Find out more about how the attorneys of Munday & Nathan can help you after a terrible loss. We offer initial legal consultations to discuss your case, how the law applies, and your options. The consultation is confidential, and there is no obligation to retain us. Contact us today for an appointment.
