Did your family recently lose a loved one in a tragic accident in Wheaton, Illinois? Your family may have the right to hold the responsible party accountable. An experienced Wheaton wrongful death lawyer at Zayed Law Offices Personal Injury Attorneys can help you pursue justice.
We have decades of experience helping families like yours recover the compensation they need and deserve. Our lawyers have already recovered over $100 million in settlements and verdicts.
You may deserve compensation for medical bills, lost financial support, pain, trauma, and more. Count on our lawyers to fight for every dollar. Call our law offices in Wheaton, Illinois at (630) 690-1919 to schedule a free consultation today.
Why Choose Zayed Law Offices Personal Injury Attorneys to Help With a Wrongful Death Claim in Wheaton, IL?
Many grieving families don’t know where to turn for help. Someone else caused your suffering. They should be held accountable–but how do you get justice?
Our team at Zayed Law Offices Personal Injury Attorneys has the expertise you deserve in your corner.
When you hire our Wheaton personal injury attorneys, you benefit from a nationally recognized law firm that’s been honored with recognition from:
- Super Lawyers
- Best Lawyers, among the top-tier plaintiffs’ trial lawyers
- Million Dollar Advocates Forum
When it comes to recovering compensation for our clients, we have a 99% success rate. Now, our Wheaton wrongful death lawyers are here to fight in your corner. To learn more about how a lawyer can help, call for your free consultation today.
How Do I Know Whether I Have a Valid Wrongful Death Claim in Illinois?
Under Illinois wrongful death laws, you likely have a valid wrongful death lawsuit if:
- Your loved one’s death was caused by another party’s “wrongful act, neglect, or default”, and
- Your loved one could have filed a personal injury lawsuit had they survived
Because your loved one was unable to pursue compensation on their own behalf, your family gains that right.
When Can You File a Wrongful Death Lawsuit in Wheaton?
Any number of scenarios can give you the right to sue for wrongful death. The law is very broad.
Examples include:
- Your loved one died in a car accident caused by a negligent driver
- A doctor made a fatal error
- Someone intentionally harmed your loved one, resulting in death
- A property owner failed to fix a broken staircase railing, which caused a deadly fall
We know this is an incredibly difficult time. Our Wheaton wrongful death attorneys are always here to discuss your case. Call us today and arrange a free consultation with an experienced attorney who can help you understand your legal rights.
How Do Wrongful Death Cases in Illinois Work?
Wrongful death lawsuits are very similar to personal injury cases. They’re civil matters that are resolved in civil court or through settlement negotiations, typically with insurance.
Your rights aren’t based on whether criminal charges are filed. Most wrongful death cases are based on accidents. When criminal charges are pending, they are resolved separately. Criminal courts are concerned with punishing defendants, while civil courts are concerned with compensating survivors.
Who Can File a Wrongful Death Lawsuit?
In procedural terms, the victim’s personal representative will technically file the wrongful death lawsuit.
The claim is filed on behalf of the victim’s surviving family, including:
- A surviving spouse
- Children, including adoptive children
- Parents, including adoptive parents
Where no surviving “next of kin” exists, any compensation recovered is included in the victim’s estate.
What Is My Wrongful Death Case Worth?
The value of your claim will depend on what happened and the facts involved.
Facts that will be highly relevant as we calculate your case value include:
- The circumstances surrounding your loved one’s death
- Your loved one’s age and life expectancy
- Your loved one’s projected future earning power, considering education, work history, and prior earnings
- Who survived the victim (for example, young children or a spouse who relied heavily on the victim for support)
- The cost of medical treatment between the date of an injury and the date of death
- How the tragic loss has changed your family’s life
Additional factors can be relevant. Our lawyers are dedicated to understanding the whole picture. We know that it’s painful to dig into the details of how your life has changed. Unfortunately, it’s often the only way to ensure the at-fault party is held fully accountable for their actions.
Whether you have an insurance offer on the table or are just getting started, contact our lawyers in Wheaton. Knowing how much you deserve will make you better prepared to reject lowball deals and fight for what’s fair.
What Types of Damages Are Available in a Successful Wheaton Wrongful Death Case?
Juries in Illinois have the power to award compensation that fully accounts for your family’s losses. As such, you can pursue compensation for your economic damages and non-economic damages.
A range of damages may be available, including:
- Loss of your loved one’s financial support
- Loss of your loved one’s job benefits, such as insurance and retirement benefits
- Funeral expenses and burial costs
- Estate administration expenses
- Medical expenses and other out-of-pocket expenses related to the accident and fatal injury
- Loss of the value household services your loved one had provided
- Loss of consortium (loss of a spouse’s companionship and support)
- Loss of parental instruction, education, support, and guidance
- Your family’s grief, sorrow, and mental suffering
Punitive damages may also be available. Punitive damages are reserved for cases where the defendant’s acts were intentional or shockingly reckless.
Damages in wrongful death cases are often based on projected future losses and non-financial harm. Expect the insurance company to downplay the value of these losses. Hiring an experienced attorney is the best way to fight back.
How Much Does it Cost to Hire a Wrongful Death Lawyer in Illinois?
You can hire our team at Zayed Law Offices Personal Injury Attorneys without any upfront expenses.
Like many law firms, we work on a contingency fee basis. You’ll sign a contingency fee agreement when you hire us. Once your case is resolved, we deduct a percentage of your award to cover attorneys’ fees.
Are Illinois Contributory Fault Laws Relevant to Wrongful Death Claims?
Yes. Insurance companies and responsible defendants often blame fatal injury victims for their deaths.
Illinois has a modified comparative negligence law with a 51% bar to recovery, meaning:
- If your loved one was more than 50% responsible, your family cannot recover compensation
- If their share of fault was 50% or less, your compensation is reduced in proportion to their share of blame
Victim-blaming is extremely common in wrongful death cases. Our lawyers will be ready to combat any unfair allegations that your loved one caused their own death.
What Causes Most Fatal Accidents in Wheaton?
Fatal injuries can occur in any number of ways.
Some examples include:
- Car accidents
- Truck accidents involving large semis and big rigs
- Slip and fall accidents
- Medical malpractice
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Rideshare accidents involving Uber or Lyft
- Boating accidents
- Construction accidents
- Workplace accidents
- Poisonings
- Dog bites
- Defective products
- Nursing home abuse and neglect
- Intentional violent acts
Seek experienced legal advice if you suspect your loved one died because of someone else’s actions. Whether those actions were careless, reckless, or completely intentional, we’re here to advocate for your family’s future.
What Do I Have to Prove to Win a Wrongful Death Case in Illinois?
The legal theories involved in your case will vary depending on how your loved one died. In most wrongful death cases, the defendant didn’t intend to harm anyone. The harm resulted from their negligent acts.
To win a negligence-based wrongful death case, we’ll work to establish:
- The defendant had a legal duty of care
- They engaged in some act (or failed to act), so breached their duty of care
- Your loved one wouldn’t have died “but for” that breach (causation)
- The specific damages your family suffered
Wrongful death cases are often highly contested. Even with the evidence to prove liability, establishing the value of your family’s damages can be incredibly difficult. Our attorneys have the tools and experience to launch a full investigation and gather the evidence to prove your case.
How Much Time Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Illinois?
The statute of limitations in most wrongful death lawsuits is two years in Illinois. Your family will have two years from the date of your loved one’s death to prepare and file a wrongful death claim. As in personal injury cases, your case will be dismissed if you wait longer than two years for legal action.
Exceptions do exist. If the defendant was charged with a crime, you’ll have one year from the date the criminal case was resolved to sue that particular party for damages.
Contact Our Wheaton Wrongful Death Lawyers for a Free Consultation
Are you grieving the loss of a loved one? Was their death someone else’s fault? Call our experienced Wheaton wrongful death attorneys at Zayed Law Offices Personal Injury Attorneys to learn how we can help you pursue compensation.
Our compassionate legal team will handle every aspect of your case while you focus on healing. We’ll investigate what happened, gather critical evidence, and build a strong claim for full financial recovery. Illinois has strict deadlines, so don’t wait—contact us today for your free consultation.
