Losing a loved one is one of the hardest things a family can face, especially when someone else’s negligence or wrongful actions caused the death.
The law allows family members to file a wrongful death claim in Monticello under certain circumstances.
Our experienced wrongful death attorneys from Onward Injury Law can help you discover if you have a claim and fight for the compensation your family deserves during this difficult time.
How Wrongful Deaths Impact Families
Feelings of anger, frustration, and a desire for justice often add to the grief of losing a loved one to someone else’s negligence.
Families may struggle with:
- Emotional trauma and the need for counseling.
- Loss of financial support, especially if the deceased was the primary breadwinner.
- Difficulty explaining the loss to young children.
- Strained relationships among surviving family members.
Onward Injury Law provides Illinois residents with legal guidance and resources for emotional support.
Why Hold Negligent Parties Accountable?
While no amount of money can bring back your loved one, pursuing a wrongful death claim is about more than just financial compensation.
It’s also about holding negligent parties accountable for their actions and ensuring that similar tragedies don’t happen to other families in the future.
By filing a wrongful death lawsuit, you can:
- Send a message that negligent behavior will not be tolerated.
- Encourage businesses and individuals to prioritize safety.
- Bring attention to dangerous conditions or practices that need to be addressed.
- Find a sense of closure and justice for your loved one.
An experienced Monticello wrongful death attorney always fights for accountability.
Wrongful Death Claims in Monticello
Under Illinois law, a wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another.
Common causes of wrongful death in Monticello include:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability incidents
The statute of limitations for filing a wrongful death claim in our state is generally two years from the date of the deceased person’s death.
However, there are some exceptions, so it’s necessary to consult with Onward Injury Law in Monticello as soon as possible to ensure your rights are protected.
Proving Fault in Wrongful Death Cases
To succeed in a wrongful death claim, you must prove that the defendant’s negligence or intentional harm caused your loved one’s death.
This task involves gathering evidence, such as:
- Police reports
- Medical bills and records
- Witness statements
- Expert testimony
A skilled wrongful death lawyer in Monticello will thoroughly investigate the accident, identify liable parties, and build a strong personal injury case on your behalf.
In complex cases, you may need the help of expert witnesses to establish causation and damages.
Damages in a Monticello Wrongful Death Lawsuit
Surviving family members may be entitled to economic and non-economic damages in a wrongful death settlement.
The value of a wrongful death claim depends on several factors, including the deceased’s age, earning capacity, and the circumstances surrounding their death.
Economic Damages
- Medical expenses related to the deceased’s final injury or illness.
- Funeral and burial costs.
- Lost wages and benefits the deceased would have earned had they lived.
Non-Economic Damages
- Pain and suffering endured by the deceased before their death.
- Loss of companionship, guidance, and support for surviving family members.
In cases of gross negligence or intentional misconduct, the courts may award punitive damages to punish the defendant and deter future wrongdoing.
How Wrongful Death Attorneys Help
The wrongful death lawyers at Onward Injury Law serving Monticello can handle your entire claim, allowing you to focus on grieving and healing with your family.
Our personal injury law firm will:
- Investigate the accident and gather evidence.
- Identify liable parties and their insurance companies.
- Calculate the full extent of your damages.
- Negotiate with insurance adjusters to obtain a fair settlement.
- Represent you in court if you cannot settle your claim.
Having the right attorney on your side can make a big difference in securing the compensation your family needs to move forward after a tragic loss.
Why Time is of the Essence
As mentioned earlier, you generally have two years from the date of the loved one’s death to bring legal action.
While this may seem like plenty of time, you have to act quickly for several reasons:
- Evidence may be lost or destroyed over time.
- Witnesses’ memories may fade.
- The sooner you file, the sooner your family can receive compensation.
- If you miss the deadline, the courts will bar you from recovering damages altogether.
To protect your rights and ensure that your case is as strong as possible, consult with Onward Injury Law as soon as possible after your loved one’s passing.
Choosing the Right Monticello Wrongful Death Lawyer
When selecting a personal injury attorney to represent your family, look for someone with:
- Extensive experience handling wrongful death cases in Illinois.
- A history of successful outcomes in securing compensation for clients.
- The ability to provide personalized attention and compassionate support throughout the legal process.
- The resources necessary to handle complex cases and stand up to powerful defendants, such as large corporations or insurance companies.
Contact a Monticello Wrongful Death Lawyer for a Free Consultation
If you’re considering filing a wrongful death claim after the loss of a loved one, don’t hesitate to seek legal advice from an experienced Monticello personal injury lawyer.
Onward Injury Law understands the immense grief and challenges you’re facing, and we’re here to provide the guidance and representation your family needs during this difficult time.
Our attorneys have successfully handled many wrongful death cases throughout Illinois, and we offer a free case evaluation to discuss your legal options and hold the at-fault party accountable.
Let us help you determine the best path forward.
Frequently Asked Questions
In Illinois, the personal representative of the deceased’s estate, often a surviving spouse or adult child, may file a wrongful death claim on behalf of the estate and surviving family members.
Generally, you have two years from the date of your loved one’s death to sue in Illinois. However, there are some exceptions, so it’s best to consult a Monticello wrongful death lawyer as soon as possible.
Under Illinois’ modified comparative negligence rules, if the loved one was partly at fault for the accident, the courts will reduce damages awarded by the deceased’s percentage of fault. However, the courts may bar the family from recovering compensation if the deceased was more than 51% at fault.
Most wrongful death lawyers work on a contingency fee basis, meaning they only get paid if they secure compensation for your family. This advantage allows you to access quality legal representation and receive a favorable outcome without upfront costs.