Elgin Wrongful Death Lawyer
Losing a family member is a devastating and life-altering experience. When that loss is the result of another person’s negligence or wrongful act, the grief is often compounded by anger and a feeling of profound injustice. While no amount of money can ever replace your loved one, a wrongful death lawsuit can provide a measure of accountability and the financial security your family needs to move forward. At The Law Offices of Anthony R. Scifo, we offer compassionate and determined legal representation to families in Elgin who are navigating this unimaginable loss.
Our role is to be your family’s advocate, handling every aspect of the complex legal process so you can focus on grieving and healing. As an experienced personal injury firm, we understand how to build a powerful case to hold the responsible parties accountable for the immense harm they have caused. Please accept our deepest condolences for your loss. To discuss your case in a free, confidential, and compassionate setting, call us at (847) 628-8311.
Understanding the Illinois Wrongful Death Act
A wrongful death claim is a specific type of civil lawsuit brought when a person’s death is caused by the wrongful act, neglect, or default of another. The action is filed on behalf of the surviving family members for the losses they have personally suffered due to the death.
Under the Illinois Wrongful Death Act, the lawsuit must be filed by a personal representative of the deceased’s estate. The compensation recovered from the lawsuit, however, is for the exclusive benefit of the surviving spouse and the “next of kin” (typically children or parents). Our firm can guide you through the process of opening an estate and being appointed as the personal representative so that you can pursue justice for your family.
Common Causes of Wrongful Death Claims
A wrongful death claim can arise from any situation where one party’s negligence leads to a fatal injury. We have the experience to investigate and litigate claims arising from a wide range of tragic events, including:
- Fatal Car Accidents: Caused by drunk drivers, distracted drivers, or those who recklessly disobey traffic laws.
- Catastrophic Truck Accidents: Resulting from driver fatigue, improper maintenance, or other negligence by trucking companies.
- Deadly Slip and Fall Incidents: Often involving elderly victims or falls from unsecured heights due to a property owner’s negligence.
- Medical Malpractice: Caused by the negligence of a doctor, surgeon, or hospital.
- Workplace Accidents: Resulting from unsafe working conditions or equipment failure.
Seeking Justice and Financial Security for Your Family
The goal of a wrongful death lawsuit is to recover damages for the profound losses the surviving family members have endured. In Illinois, the law allows spouses and next of kin to seek compensation for their “pecuniary injuries,” which includes both economic and non-economic losses:
- Loss of Financial Support: The income and benefits the deceased would have earned and provided for the family throughout their lifetime.
- Loss of Companionship, Society, and Consortium: Compensation for the loss of the love, care, guidance, and relationship you shared with your loved one.
- Grief, Sorrow, and Mental Suffering: Illinois law explicitly allows surviving family members to be compensated for their own emotional pain and suffering.
- Loss of Services: The value of services the deceased provided, such as household management, childcare, and home maintenance.
In addition, a separate but related claim called a “Survival Action” can be filed to recover damages the deceased themselves could have claimed had they survived, such as their medical bills, lost wages, and their own pain and suffering prior to their passing.
Frequently Asked Questions About Wrongful Death Lawsuits
How long do we have to file a wrongful death claim in Illinois?
The statute of limitations is very strict. In most cases, a wrongful death lawsuit must be filed within two years of the date of death. It is absolutely critical to contact an attorney well before this deadline expires.
What is the difference between a wrongful death lawsuit and a criminal case?
A wrongful death lawsuit is a civil claim brought by the family to seek monetary damages from the responsible party. A criminal case (like reckless homicide) is brought by the state to punish the wrongdoer with jail time or fines. A person can be found liable in a civil wrongful death case even if they are found not guilty in a criminal case, because the burden of proof is lower.
Who decides how the settlement money is distributed?
Any settlement or verdict must be approved by the court. A judge will determine how the funds are distributed among the surviving spouse and next of kin based on their individual level of dependency and loss.
A Compassionate Advocate in Your Time of Need
During this incredibly difficult time, you and your family should be allowed to grieve without the added burden of a complex legal battle. Let The Law Offices of Anthony R. Scifo be your voice for justice. We will handle every detail with the sensitivity, respect, and unwavering determination your family deserves.
To speak with a compassionate Elgin wrongful death attorney, please call us at (847) 628-8311 for a free and confidential consultation.