As adults, we all come to accept death as inevitable. Yet, when someone you love dies, the impact often seems insurmountable. And when negligence or misconduct of another causes the death, your anguish and acceptance of a needless loss of life is even more difficult.
The definition of wrongful death is one caused by the fault of another. Car accidents, medical negligence, birth injury, defective products and workplace accidents are instances in which wrongful death may result.
A death is considered wrongful if:
- Caused by the driver of a car, truck, motorcycle or other vehicle.
- A doctor used an improper medical technique.
- A nurse administered the wrong dosage of medication.
- A product is defective and does not perform as reasonably expected.
- Equipment in the workplace violated safety regulations.
An individual, company or entity found liable in the event of wrongful death, such as one caused by a drunk driver, may face criminal prosecution as well as a civil charges. In Illinois, when the negligent or irresponsible behavior is the cause of death, the estate of the deceased has the right to pursue a civil lawsuit and seek damages.
A statute of limitations sets the time limit an estate has to file wrongful death suit. In Illinois, while the time limit to file a suit is generally two years from the accident, the estate may have a year or less to file suit, depending on who and what caused the death. Your claim can be dismissed if you miss the filing deadline. Therefore, if you are responsible for handling the affairs of the deceased estate, it is critical that you consult a wrongful death lawyer as soon as possible.
At the Chicago law firm of Howard & Nemoy, our attorneys have decades of experience in wrongful death cases, arising from a wide scope of personal injury accidents. Dedicated to fighting for our clients’ rights, we aggressively pursue maximum compensation allowed by law.
Howard & Nemoy has a proven track record, winning millions of dollars in verdicts and settlements for our clients. Although many wrongful death cases are settled through negotiations with insurance companies and liable parties, when needed, you can count on our skills as trial lawyers to recover damages on behalf of the estate of the deceased..
