Berwyn Wrongful Death Lawyer
Experiencing the loss of a loved one is a deeply painful journey. When a family member passes away unexpectedly, it’s natural to seek closure and justice. If you suspect that negligence or misconduct led to their death in Berwyn or in the surrounding area, our compassionate team is here to support you. We’ll conduct a thorough investigation to uncover the truth and pursue compensation that acknowledges the significance of your loss.
Our Wrongful Death Services in Berwyn
The pain of losing a loved one due to negligence or misconduct is immeasurable. Wrongful death lawsuits offer a means of seeking justice and financial compensation for families devastated by such tragedies. These lawsuits encompass damages for lost economic support, the victim’s conscious suffering, the profound loss of companionship experienced by surviving family members, and the enduring grief and sorrow that follows. Through the Wrongful Death Act and Survival Act, Illinois law provides recourse for families navigating the aftermath of such devastating losses.
Contact a Berwyn Wrongful Death Lawyer Today
If your loved one’s unexpected death has left you questioning the circumstances, our compassionate team is here to provide guidance and support. With a focus on representing families affected by wrongful death, we’ve achieved substantial compensation for numerous clients in similar situations. Operating on a contingency-fee basis means you won’t incur any fees unless we successfully resolve your case. Reach out to us for a free consultation. We understand the urgency of timing in wrongful death cases, and we’re available around the clock to assist you. We’ll make arrangements to meet you in person, at your convenience, to discuss your case in detail. Expect us to conduct a thorough investigation, identifying responsible parties and seeking the answers you deserve. Trust us to pursue maximum financial compensation for your losses, navigating the legal process with empathy and determination. Our dedicated team of Berwyn wrongful death attorneys is committed to providing the support and guidance you need throughout this challenging time.
FAQ
About Wrongful Death Claims
What is Wrongful Death in Illinois?
Wrongful death is a legal theory based on another person’s negligent or intentional act that takes the life of another person. Generally speaking, the family members of the deceased can file a claim against the negligent person. Essentially, if a deceased person would have legal grounds to file a claim against the negligent party, family members can file a wrongful death claim.
How are Wrongful Death Settlements Paid?
In most cases, the insurance company that provides liability coverage for the negligent party pays the plaintiff (the family or the estate) the settlement amount that was negotiated between the attorneys. Plaintiffs may receive a lump sum amount minus attorney fees and expenses, or they may receive monthly or yearly payments through a structured settlement.
Who Can Legally Sue After a Wrongful Death in Illinois?
The surviving family members or the estate of the decedent have the legal right to file a wrongful death claim against the responsible party. In Illinois, a wrongful death lawsuit must be brought by a surviving family member who has been appointed by the court as a representative of the decedent’s estate. Surviving spouses, children, parents, and siblings may be considered next of kin who are entitled to share in any damages that are awarded. The specific next of kin will depend on the family situation. For example, a sibling would be considered a next of kin if the person who died did not have any children, but would not qualify if the deceased person had children.
How to Prove a Wrongful Death Claim?
Like other personal injury cases, you must prove certain elements of a wrongful death claim. These are as follows:
- The death of the victim was caused by the accident outlined in the wrongful death claim,
- The accident was caused by the negligent or intentional acts of the defendant,
- Surviving family members or the estate of the victim have been directly impacted by the death of the decedent, and
- The survivors and the estate have suffered losses due to the wrongful death.
Who Receives the Damages from a Wrongful Death Claim?
If the decedent did not have any children but they did have a surviving spouse, the spouse would receive 100 percent of the damages from a wrongful death claim. If the decedent had a surviving spouse and children, any damages awarded would be divided between them.
Are Wrongful Death Damages Taxable?
In most cases, no. The Internal Revenue Service (IRS) does not place taxes on personal injury damages that are compensatory. Compensatory damages are those that compensate the decedent’s family members for their losses. However, if punitive damages are awarded, the IRS will place a tax on those.
What Damages are Available in a Wrongful Death Claim?
Loss of society and grief and sorrow are available in wrongful death cases in Illinois. Loss of society refers to the loss of love, comfort, affection and guidance experienced by the surviving family members. If the decedent provided financial support to the family members, lost economic support would also be an element of damages.
How Long Do I Have to File a Wrongful Death Claim?
Like other personal injury cases, you must file a wrongful death claim within two years of the decedent’s death. It is important to note that the statute of limitations, or time limit, starts ticking on the date of the death and not the date of the accident. If you do not file within this time, you will lose your right to claim any damages at all. In some circumstances, such as a case against the City of Chicago or other local governmental entity, the statute of limitations is one year.
TESTIMONIALS
Kennedy and Watkins were referred to myself and my husband by another attorney. From the very first conversation we knew we made the right choice. Everything was always communicated from the beginning to the end which made the process smooth and in the end we were extremely satisfied with the results of our case.
– Trena L. Wallace
Highly recommended! Jack was very attentive to my case after my accident and walked me through each step along the way clear and concise. My case was settled in a timely manner overall I was very pleased.
– Shelby Furcron
I’d want to mention that working with Mr. Kennedy was a pleasure because he was a huge help and support in my case. He was good at communicating and made sure that everything was crystal clear. He also had a great deal of empathy for the circumstances. I would recommend him to anyone who needs legal advice.
– Sheldon Henley
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