Our Illinois Wrongful Death Lawyers Care About Helping Your Family
Last updated on July 9, 2024
Our attorneys and staff members understand how heartbreaking and stressful it is to lose a loved one. When negligence may have caused their death, the preventable nature of this loss often amplifies the pain.
Kent M. Lucaccioni advocates for families in wrongful death claims. During this difficult time, our mission is to give you the best outcome possible following a worst-case situation. We serve with professionalism across Illinois.
Losing A Loved One Transforms Lives
We provide compassionate, committed representation in wrongful death cases involving:
- Trucking accidents
- Car accidents and motorcycle wrecks
- Medical malpractice and surgical errors
- Nursing home abuse and negligence
- Fatal construction accidents and other work injuries
Families typically face a variety of financial and emotional losses after the death of a loved one. Through a wrongful death claim, we can seek compensation for emotional suffering, loss of parenting or household support, funeral costs, medical expenses and more.
We Will Search For Answers For You
Our Illinois wrongful death attorney will gather as much evidence as possible to find answers to difficult questions. Whether your loved one was on the road, at work or in the hands of a trusted medical professional upon their death, we will work to hold negligent parties responsible.
In addition, our experienced team will help you review your legal options to find the solution that is right for your family. In many cases, a lawsuit is necessary to get justice and full compensation. However, a settlement can also give a grieving family the means to move forward.
Frequently Asked Questions About Illinois Wrongful Death Claims
At Kent M. Lucaccioni, Ltd., we hear some questions more often than others, such as:
What constitutes a wrongful death case?
Any premature death that is caused by another party’s negligent, reckless or intentional actions is considered a wrongful death. Wrongful death claims commonly arise from car accidents, product defects and medical malpractice.
What are some examples of common wrongful death accidents?
Wrongful death accidents can occur in a variety of situations. Common examples include:
- Auto accidents: These are one of the most frequent causes, often resulting from reckless driving, DUI or distracted driving.
- Medical malpractice: This includes errors such as misdiagnosis, surgical mistakes or improper medication administration.
- Workplace accidents: Fatal incidents can occur in hazardous work environments, particularly in construction, manufacturing or industries with heavy machinery.
- Defective products: Faulty products, from malfunctioning vehicles to unsafe pharmaceuticals, can lead to fatal injuries.
- Slip-and-fall accidents: Poorly maintained properties or unsafe conditions can result in fatal falls.
- Nursing home abuse and neglect: Elderly residents may suffer fatal consequences due to neglect or abuse in care facilities.
These examples highlight the diverse nature of wrongful death claims and underscore the importance of legal guidance to navigate the complexities involved.
Who can file a wrongful death lawsuit in Illinois?
In Illinois, a wrongful death claim must be filed by the executor of the deceased’s estate. If there is no executor, then the court may appoint a personal representative to act in that capacity. A Chicago wrongful death attorney can help you with the process as well.
What damages can be recovered in a wrongful death case in Illinois?
Under Illinois law, the victim’s survivors can recover their “pecuniary injuries.” This can include the deceased’s final medical expenses, their funeral costs, their lost income and the value of their lost companionship. Our legal team aims to secure the maximum compensation available under Illinois law for every Chicago wrongful death claim.
What is the time limit to file a wrongful death claim in Illinois?
The statute of limitations in Illinois generally requires a wrongful death claim to be filed within two years of the victim’s death. However, you do not want to wait that long to start. It is critical to consult a Chicago personal injury attorney as soon as you believe you may have a case so that they can act quickly to preserve your right to file.
What are some common misconceptions about wrongful death?
One common misconception is that wrongful death claims are only applicable in cases involving criminal acts. These claims can actually arise from numerous situations, including medical malpractice, car accidents and defective products. Another misconception is that wrongful death claims are only about money. This could not be further from the truth. Filing a wrongful death claim can give surviving loved ones a sense of justice for the untimely death of their relative and can discourage other parties from committing similar acts of negligence in the future.
What circumstances affect an Illinois wrongful death case?
Several factors can influence a wrongful death claim, including:
- The circumstances surrounding the incident
- The extent of negligence involved
- The relationship between the deceased and the claimant
Economic factors such as the deceased’s earning potential and the financial dependence of the survivors also play a significant role. Additionally, the presence of any preexisting conditions or contributory negligence by the deceased might affect the claim’s outcome. Our Chicago wrongful death lawyers can evaluate these factors to provide a clear understanding of the potential strengths and challenges of your case.
How can a Chicago personal injury attorney help with a wrongful death claim?
A wrongful death claim is a type of personal injury claim. At Kent M. Lucaccioni, Ltd., our attorneys offer compassionate support and experienced legal guidance to bereaved families who are dealing with the loss of a loved one due to someone else’s negligence or otherwise wrongful act.
An attorney has the skills to thoroughly investigate the situation, gather evidence in support of your claim and negotiate with the insurance companies. If the insurance companies refuse to be fair, our attorneys can litigate aggressively to seek fair compensation for our clients and some measure of justice for the deceased.
Get A Consultation About Your Legal Options
Based in Chicago and Elgin, Kent M. Lucaccioni, Ltd., can review your case with you. Meeting with us can give you the perspective to make an informed legal decision. Our Cook County lawyers offer direct service and free consultations. Call 312-386-7683 or email our offices to discuss your case.