Key Takeaways
- A wrongful death lawsuit allows families to seek accountability when a death results from negligence, misconduct, or a failure to act.
- In Illinois, the personal representative of the deceased person’s estate must file the wrongful death claim on behalf of surviving family members.
- Compensation in a wrongful death case may include lost income, lost benefits, and damages for the loss of companionship and parental guidance.
The death of a loved one is always devastating, but even more so when it could have been avoided. In many cases, families not only face the grief of a loss but also financial uncertainty, especially when the person who passed away was a key source of support.
A wrongful death lawsuit cannot undo the loss, but it can provide a path toward accountability and compensation. The Cicero wrongful death attorneys at Power Rogers have helped many families navigate this process with compassion and experience, and we are here to help you understand your options.
Common Causes of Fatal Accidents in Cicero
There are many different causes of fatal accidents in Cicero and surrounding areas, but these are some of the most common:
- Car Accidents: Driving is part of daily life, but crashes remain a leading cause of accidental death. Many wrongful death cases arise from collisions involving reckless, distracted, or impaired drivers.
- Truck Accidents: Semi-trucks and other large commercial vehicles can cause devastating crashes. Their sheer size and weight mean accidents often result in fatalities, even at low speeds.
- Motorcycle Accidents: Motorcyclists have little protection in a crash, making them especially vulnerable. Fatal motorcycle accidents frequently stem from drivers failing to notice or yield to riders.
- Pedestrian Accidents: When a vehicle strikes someone on foot, it can lead to catastrophic and, in some cases, fatal injuries.
- Bicycle Accidents: Cyclists face many of the same risks as pedestrians and motorcyclists. Collisions with cars, trucks, and other vehicles can be deadly.
- Medical Malpractice: Negligence by doctors, nurses, or hospitals can have fatal consequences. While not every loss in a medical setting qualifies as malpractice, it is always worth having an experienced attorney review your case.
- Defective Products: Faulty consumer goods, dangerous drugs, and unsafe machinery can cause fatal injuries. Product liability cases hold manufacturers and sellers accountable when their products cost someone their life.
Who Is Eligible to File a Wrongful Death Lawsuit?
Under the Illinois Wrongful Death Act, only the personal representative of a deceased person’s estate may file a wrongful death lawsuit. However, any compensation recovered in that lawsuit will be distributed among the deceased’s family members.
If the deceased person has a valid will and has appointed an executor of their estate in that will, the executor will generally serve as the personal representative. If they haven’t chosen an executor, the court will appoint a personal representative to file the lawsuit. In many cases, the appointed personal representative will be a family member.
Damages You Can Recover in a Cicero Wrongful Death Claim
In a court of law, “damages” refers to compensation for your losses. Broadly speaking, there are two categories of damages:
- Economic Damages: Compensate you for financial losses
- Non-Economic Damages: Compensate you for intangible, non-financial losses
If your wrongful death claim is successful, you and your family will likely be able to recover both economic and non-economic damages, such as:
Loss of Income
If your deceased loved one’s income was a meaningful part of your household’s financial support, you may be dealing with financial insecurity while also navigating grief. Your family may be awarded compensation to make up for the loss of support.
Adding up the exact value of this compensation can be a challenge. The court must take into account your loved one’s future earning potential, their general health, and how much longer they likely would have worked had they lived.
Our Cicero wrongful death attorneys have extensive experience valuing cases, and we will carefully study your family’s situation to pursue your potential compensation.
Loss of Benefits
f your loved one supported your family, their income was likely only part of the picture. For instance, if your loved one may have had access to health insurance and other benefits through their job, your family might be facing the prospect of losing their health insurance coverage.
If your case is successful, you could recover compensation to pay for the same or similar healthcare coverage.
Pain and Suffering
There is no way to quantify the grief you and your family have suffered. However, if you win your case, the court may still award you compensation for the distress you have suffered as a result of the death.
Loss of Consortium/Loss of Relationship
In Illinois, certain family members may be able to recover compensation for the loss of their relationship with the deceased. Most people associate loss of consortium claims with spouses, but children may also recover compensation for loss of parental guidance if their parent has died.
There is no way to quantify the grief you and your family have suffered. However, if you win your case, the court may still award you compensation for the distress you have suffered as a result of the death.
How Wrongful Death Claims Are Proven
In order to recover the compensation you deserve, our team must be able to prove your wrongful death claim. That generally means proving the following elements:
- The Responsible Party Had a Duty of Care: A duty of care is an obligation to act in a way that avoids harm. For example, if your loved one attends a sporting event, the event organizers have a duty of care to ensure the premises are safe.
- They Breached That Duty: When a person or entity breaches a duty of care, they violate it in some way. For example, if the bleachers at the sporting event have major pre-existing damage and the event organizers use them anyway, they have violated their duty of care.
- The Breach Caused Your Loved One’s Death: To prevail in your case, we must be able to show that the breach of duty directly caused your loved one’s death. If the bleachers mentioned above collapse and kill your loved one, proving causation would likely be relatively straightforward. If the organizers had inspected the bleachers and made repairs, your loved one would still be alive.
- Your Family Has Suffered Losses as a Result: Finally, we must be able to show that your loved one’s death had a financial impact on their next of kin. Many of our clients were partially or totally financially supported by their lost loved one.
How a Cicero Wrongful Death Lawyer Can Help
If your family has been impacted by a wrongful death in Cicero, just getting through each day can be a challenge. However, when you work with Power Rogers, we can handle the complicated logistics for you.
These are some of the most important ways we can help with your case:
- Investigating the incident that caused your loved one’s death
- Gathering evidence
- Identifying all potentially liable parties
- Adding up your damages to accurately value your case
- Filing an initial insurance claim and negotiating with the insurance company
- Filing a lawsuit if necessary
- Attending court hearings and managing ongoing legal filings
- Representing you in court if no settlement can be reached
In the vast majority of cases, we are able to negotiate a settlement for our clients. However, if your case is one of the few that must go to court, we’ll help you prepare and will be with you each step of the way.
Get in Touch With Our Cicero Wrongful Death Attorneys Today
We understand that no amount of compensation can make up for the loss of your loved one. However, filing a wrongful death claim can be a vital step in supporting your family’s future.
Working with Power Rogers comes at no risk to you. Our initial consultations are free, and if we offer to take your case, you only pay if you win. In the unlikely event that we cannot secure compensation for you, you owe nothing.
Our attorneys give every single case the full attention it deserves, and we have recovered more than $6 billion for our clients. If you have lost a loved one to another person’s negligence, contact us to book your free consultation today.