Representing Grieving Families Throughout Illinois
If you lost a loved one in a serious accident, the first step toward recovering compensation is requesting the advice and assistance of a Chicago wrongful death lawyer. At Power Rogers, our legal team understands the nuances of challenging wrongful death cases and is prepared to advocate for your rights with strength and confidence. Our main objective is to give our clients the representation and counsel they deserve after a devastating loss. Contact our firm to learn more about your options in a free and confidential consultation.
On This Page:
- What is a Wrongful Death Action?
- Who Can File a Wrongful Death Claim?
- What is the Illinois Wrongful Death Statute of Limitations?
- Elements of a Wrongful Death Claim
- Put the Experts On Your Side Today
Call 312-210-8411 today to speak with a compassionate member of our firm about your wrongful death case.
What Is A Wrongful Death Action?
When someone you love dies as the result of wrongful conduct or negligence, you may have the right to file a wrongful death lawsuit. For many people who are mourning the death of loved ones, the thought of taking legal action is far from their minds. However, a wrongful death lawsuit can help cover the costs of funeral arrangements, medical bills, lost income, and other necessary expenses stemming from your loved one’s death. Attorneys who focus on wrongful death law in Chicago can examine your case and determine if legal action is appropriate.
Is This A Criminal Case?
No. A wrongful death lawsuit is a civil lawsuit, which allows you to file an action for money damages against the individual or individuals who caused your family harm. Civil actions are handled in a different court with different rules and laws than criminal courts. Skilled litigators, like the team of attorneys at Power Rogers, can assess your case and determine the best plan for successfully securing compensation.
Who Can File A Wrongful Death Claim?
According to 740 ILCS 180/1, a surviving spouse and next of kin have the right to bring wrongful death claims. In Illinois, “next of kin” include:
- Surviving spouse
- Surviving child of the decedent
- Parents of the decedent
- Siblings of the decedent
- Adoptive parents or adopted child
In the event that there is no surviving spouse or next of kin, the damages from a wrongful death action could go toward benefiting:
- The individual or group that provided hospital services in connection with the decedent’s last illness or injury
- The individual or group that provided medical services in connection with the decedent’s last illness or injury
- Personal representatives, such as those who administered the decedent’s estate
If you lost your loved one, you can only file a wrongful death claim if it has been less than two years since the individual’s death AND the death resulted from wrongful actions, negligence, or other liability. Because there are time limits for filing a wrongful death action, you should contact one of our attorneys right away to ensure your rights are protected.
What Is The Illinois Wrongful Death Statute Of Limitations?
Per 740 ILCS 180/1, there is generally a two-year statute of limitations on wrongful death actions. While true in many cases, certain entities are entitled to statutory immunities. For example, a case against the Chicago Transit Authority (CTA) resulting in death would need to be brought within one year of the death. If you lost a loved one through negligence or wrongdoing and you are unsure if you still have time to file a wrongful death action, we encourage you to contact our wrongful death attorneys in Chicago directly.
Why Is There A Statute Of Limitations?
The purpose of the statute of limitations as it refers to tort law is to facilitate a swift resolution to cases involving wrongdoing. The statute of limitations ensures two main things:
- That plaintiffs with valid cases pursue them with reasonable diligence
- That both parties do not lose valuable evidence (the more time passes, the more likely this becomes)
Having a statute of limitations in place actually benefits the plaintiff, because the sooner a case is investigated, the more reliable the evidence will be. Over time, documents get lost and people forget the details. For this reason, the sooner you contact an attorney about your wrongful death action, the better.
Arrange a free consultation with our team of Chicago wrongful death attorneys today at 312-210-8411.
Elements Of A Wrongful Death Claim
Once you determine that you have not exceeded the statute of limitations for filing a wrongful death claim, your attorney can begin to establish the following elements that every wrongful death claim must have:
- Duty of the defendant to the decedent
- Breach of that duty
- Breach proximately caused the death of the decedent
- Pecuniary damages resulted to next of kin, as defined by the Act
You may still have many unanswered questions as it pertains to wrongful death, so we encourage you to contact a Chicago wrongful death lawyer at our firm for the answers you need. We are available for free consultations, so call 312-210-8411.
Over $5 Billion Won In Verdicts And Settlements
If your family has lost a loved one in a case involving negligence, recklessness, or misconduct, you may be entitled to compensation. While this might be the furthest thing from your mind at this time, the fact remains that you could be looking at expenses and financial troubles. The best thing you can do to protect your future is to speak with experienced wrongful death lawyers who can provide the counsel and advice necessary to help you move forward, protect your rights, and care for your family in the midst of this difficult situation.
Our experience includes a broad range of wrongful death cases, including:
- Motorcycle accidents
- Car accidents
- Construction accidents
- Medical malpractice
- Truck accidents
- Aviation accidents
- Train accidents
- Product liability
- Premises liability
The pain and suffering caused by a wrongful death are often unbearable and it can take several years for a family to recover from the tragedy. In addition to emotional pain, a wrongful death can create financial difficulties. Power Rogers is here to assist your family in recovering compensation to pay for medical bills, funeral costs, and other expenses. We cover all of the case types listed above and more.
Should you choose to retain our law firm for your wrongful death claim, there is no fee unless we win. Schedule a free consultation with our legal team to get started on your case. Contact Power Rogers today at 312-210-8411.