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Joliet Wrongful Death Lawyer

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Key Takeaways

  • A wrongful death claim may allow families to seek compensation when a loved one dies because of someone else’s negligence.
  • Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit for the benefit of the surviving family members.
  • An experienced Joliet wrongful death lawyer can investigate the death, identify liable parties, and pursue compensation through negotiation or trial.

Losing a loved one due to someone else’s negligence is devastating, both emotionally and financially. In some situations, however, family members may be able to pursue a wrongful death lawsuit against those responsible, potentially recovering compensation that can help them move forward. Taking action begins with hiring an experienced and compassionate wrongful death lawyer in Joliet​. Find out how Power Rogers can serve your family during this difficult time.

Understanding Wrongful Death Claims in Joliet

Under Illinois law, wrongful death is the loss of life that results from someone’s irresponsible or reckless conduct. It happens when, by some negligent act or omission, a person dies. There are many different actions or failures to act that can cause a wrongful death in Joliet, including:

  • Motor vehicle accidents: Whether they involve a car, truck, or motorcycle, these accidents often involve drunk, distracted, or otherwise reckless drivers.
  • Bicycle and pedestrian accidents: These individuals are particularly vulnerable in urban areas like Joliet, where high volumes of traffic can lead to a devastating collision.
  • Premises liability: When property owners and occupiers allow hazardous conditions on their properties, it can result in a person’s death.
  • Product liability: Dangerous and defective products that were poorly designed or manufactured can lead to serious or fatal injuries.
  • Medical malpractice: A doctor or other healthcare professional who departs from accepted standards of practice could cause a patient’s death.

Who Can You Sue for Wrongful Death?

One of the most important things that a Joliet wrongful death lawyer​ will do is investigate how the wrongful death occurred. This is done to not only obtain evidence of negligence but to determine who may be liable for the death. In some cases, survivors can sue multiple parties, which increases the likelihood of winning fair compensation. These are examples of who may be named as defendants in a wrongful death lawsuit:

  • Drivers of cars, trucks, and other vehicles
  • Drivers’ employers, if they were working at the time of the fatal accident
  • Businesses that serve too much alcohol to drunk drivers and are liable under the state’s dram shop law
  • Vehicle and product manufacturers
  • Product retailers and distributors
  • Parts suppliers, repair shops, and others who service, inspect, and maintain vehicles
  • Property owners, tenants, and other occupiers
  • Healthcare providers and medical facilities

Who Is Eligible to File a Suit?

Only the designated personal representative of the deceased victim can file a wrongful death lawsuit in Joliet. This is often, but not always, a family member of the deceased. Prior to their death, the victim may have named someone as personal representative in their last will and testament. But if they did not do so, then an individual can ask the Probate Court to appoint them to this position.

Wrongful death lawsuits are filed for the exclusive benefit of the decedent’s spouse and next of kin. The next of kin may include any blood relatives of the decedent, and are typically the victim’s children. It can also include the decedent’s parents, siblings, adoptive parents, and adopted children.

What Types of Compensation Can Families Pursue?

Although a wrongful death lawsuit cannot bring back a loved one, it can enable the surviving family members to have a measure of peace, justice, and financial security in the wake of tragedy. There are three broad categories of compensation (known as damages) that families may be able to request in their lawsuit:

  • Economic damages: These cover quantifiable and objective financial losses. Examples include the decedent’s final medical bills, funeral and burial expenses, lost income, and future lost income.
  • Non-economic damages: The term is derived from the fact that these are more subjective in nature. Among the available non-economic damages are pain and suffering, loss of consortium, and loss of parental guidance.
  • Punitive damages: Although rarely awarded, certain cases of extreme negligence may qualify for punitive damages. These are intended to punish and deter the wrongful conduct.

Only the designated personal representative of the deceased victim can file a wrongful death lawsuit in Joliet.

What Role Can a Joliet Wrongful Death Lawyer Play in Your Case—And Why Choose Power Rogers?

Having an experienced Joliet wrongful death attorney​ is indispensable. Wrongful death lawsuits are often filed against large entities like insurance companies, which have powerful legal teams that will do everything they can to deny or underpay your claim.

When you retain Power Rogers to represent you and your family, you don’t just have the backing and resources of a seasoned wrongful death law firm. You have a trusted advocate who is looking out for your interests every step of the way. We will immediately get to work by:

  • Investigating the death: We will conduct a thorough review of the events leading up to and immediately after the decedent’s passing. We do this to acquire evidence and identify the potential at-fault parties.
  • Negotiating with insurers: Many wrongful death cases can be settled through negotiations with the at-fault parties’ insurance companies and lawyers. Our firm understands common insurance negotiation tactics and will respond accordingly.
  • Representing you in mediation: One of the most effective ways to settle a wrongful death lawsuit is mediation. We will make and review offers to settle, explain the legal consequences of possible settlement terms, and help you decide whether to settle or proceed to trial.
  • Valuing your claim: Knowing the value of your legal damages is half the battle, and we understand what wrongful death cases are worth. To that end, we consult expert witnesses who can help determine a fair dollar value for your claim.
  • Applying our legal and local knowledge: You deserve an attorney who understands wrongful death laws and court cases. We bring this to the table, along with local knowledge of the Joliet court system and mediation process.
  • Taking your case to trial: In the event we can’t reach a settlement, we will proceed to trial and leverage our extensive courtroom experience on your behalf. We understand the various rules that govern litigation, such as civil procedure, evidence, and discovery.

While we cannot guarantee any specific outcome for your case, we have successfully handled numerous wrongful death cases throughout our firm’s history.

How Does a Wrongful Death Claim Work?

Every wrongful death lawsuit is different, but most follow a similar series of steps:

  • Initial investigation: This is when we first obtain evidence and determine who was at fault for the death.
  • Valuation of your case: Early in the process, we examine the facts and consult experts who can help calculate a dollar value for your case.
  • Demand letter and negotiation: Next, we send a demand letter to the at-fault party’s insurance companies and lawyers, beginning the negotiation phase.
  • Mediation: This step will be necessary to formally negotiate and attempt to reach a comprehensive settlement with all parties.
  • Litigation: If necessary, we file and serve court papers to preserve your legal rights and move the case forward.
  • Discovery: Filing the lawsuit opens the door to discovery, the formal request and exchange of relevant documents and information.
  • Trial: If the case does not settle through negotiations or mediation, then a trial date is set, and witnesses are subpoenaed.
  • Aftermath: If a favorable settlement or verdict can be reached, we handle the logistics to compensate you and other parties who may be entitled to a portion of the recovery.

Reach Out to Our Joliet Wrongful Death Attorneys to Learn More About How We Can Help

Throughout the settlement and litigation process, we will represent you and your family with the dignity, professionalism, and compassion that you deserve. We encourage families to ask questions that arise, and we make sure to answer them promptly. Finally, we offer a free consultation with no upfront fees so you can better understand your rights and options. To get started with our wrongful death lawyers in Joliet, contact us today.

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