Kane County Wrongful Death Lawyer

Losing a loved one is an indescribably painful experience, made even more harrowing when it’s the result of someone else’s negligence or misconduct. If you recently lost your loved one due to the negligent or intentional act of another, you may be entitled to compensation. Contact a skilled and compassionate Kane County wrongful death lawyer from O’Brien Law, LLC today so we can get started working on your case.

Wrongful Death Lawyer | Representing Families in Illinois

Here at O’Brien Law, LLC, we understand how devastating it can be to lose a loved one. This is why we believe in handling the legal aspect of your situation while you focus on what matters most: healing and moving on with your life. Speak with a dedicated Geneva, Illinois personal injury lawyer from our firm so we can begin fighting for the justice you deserve.

What Constitutes a Wrongful Death?

Wrongful death in Illinois is defined as a death caused by wrongful acts, negligence, or default. The most common types of wrongful death cases include:

  • Medical malpractice, where healthcare providers fail to offer the standard of care, resulting in death.
  • Car accidents, which are often a result of negligent driving, such as speeding or driving under the influence.
  • Workplace accidents, particularly in high-risk industries like construction.
  • Product liability cases, where defective or dangerous products cause fatal injuries.
  • Criminal acts, such as violent crimes.

Who Can File a Wrongful Death Claim in Illinois?

It’s important to note that not everyone is allowed to file a wrongful death claim. In Illinois, the wrongful death claim is filed by the personal representative of the deceased’s estate. This representative can be:

  • The deceased’s spouse.
  • Adult children of the deceased.
  • A parent, if the deceased was a minor.

If there is no appointed representative, the court may assign one.

Compensation in Wrongful Death Claims

As long as you and your attorney can satisfy the burden of proof in your claim, you should qualify for compensation for the following:

  • Funeral and Burial Expenses: Alleviating the costs associated with funeral services.
  • Loss of Financial Support: Compensation for the financial contributions the deceased would have provided.
  • Loss of Society and Companionship: Reflecting the emotional and relational loss.
  • Grief and Sorrow: Recognizing the mental anguish suffered by the family.
  • Medical Expenses: Covering the medical bills incurred before death.

Statute of Limitations in Illinois

The statute of limitations is a critical aspect of wrongful death claims. In Illinois, a wrongful death claim must be filed within two years of the date of death. However, there are exceptions. For instance, in cases of medical malpractice, the time limit may be extended if the negligence was discovered later. In any case, the sooner you file your claim, the better. You don’t want to risk losing out on the compensation and justice you deserve.

Contact O’Brien Law, LLC

While no amount of compensation can replace a loved one, a wrongful death claim can offer a pathway to financial support and a sense of justice. If you believe you may have a valid claim, simply contact a compassionate Geneva wrongful death lawyer from O’Brien Law, LLC for a free consultation today.

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