December 19, 2024
Most Common Causes of Wrongful Death Cases in Illinois
Most Common Causes of Wrongful Death Cases in Illinois. For more than 50 years, Hassakis & Hassaki …
Wrongful Death Lawyer Cumberland County, IL
Wrongful Death Lawyer Cumberland County, IL. Since 1950, Hassakis & Hassakis has been dedicated to providing top-notch legal support for victims and their families. A wrongful death case can deeply affect not just the survivors, but employers, insurance companies, and others involved. Our Southern Illinois attorneys are here to help you obtain the compensation you deserve while also working to prevent future tragedies. Call our Cumberland County, IL, wrongful death lawyers at (618)-244-5335 or contact us online if you’ve lost a loved one.
Our wrongful death lawyers and legal team are ready to assist. If we don’t win your case, you don’t pay.
Common Wrongful Death Claims in Cumberland County, IL
Negligence is often the primary factor in wrongful death claims in Illinois. When a wrongful act leads to a fatality, it raises important questions for the surviving family members and loved ones. In many cases, second- or third-party participants may be liable for damages related to personal injury or wrongful death. Proving a wrongful death claim is where we come in.
In Illinois, the following are some of the most typical wrongful death case types:
- Motor Vehicle Fatalities: Deaths resulting from car crashes, truck collisions, or motorcycle accidents caused by negligent drivers. In 2024, around 1,200 vehicle-related fatalities occurred in Illinois.
- Medical Malpractice: Deaths resulting from errors made by healthcare professionals, including surgical mistakes, misdiagnosis, or medication errors. Wrong-site surgeries are particularly dangerous and can be fatal, representing severe negligence by medical providers.
- Workplace Accidents: Fatalities in the workplace often result from unsafe conditions, failures in machinery, or lack of proper safety measures. Illinois reports roughly 150 deaths due to workplace accidents each year.
- Product Liability: Fatalities caused by defective products, such as faulty vehicle brakes, broken machinery, hazardous consumer goods, and dangerous chemicals.
- Premises Liability: Fatal accidents occurring on someone else’s property, including slip-and-fall accidents, inadequate security, and poorly maintained premises.
- Boating and Watercraft Accidents: Fatal accidents caused by boating incidents, including equipment malfunctions and operator mistakes. Illinois averages about 15-20 fatal boating accidents per year.
Who Can File a Wrongful Death Claim in Cumberland County, IL?
In Illinois, the personal representative of the deceased’s estate typically files the wrongful death claim. This individual is usually a close family member or someone appointed by the court. However, certain family members may also seek compensation for their losses.
- Personal Representative of the Deceased’s Estate: The representative files the claim for the estate and the family members who survived the deceased.
- Surviving Spouse: The surviving spouse may claim compensation for emotional trauma, the loss of companionship, and loss of financial support.
- Children: Children may file a claim if there is no surviving spouse or seek damages for the loss of a parent.
- Parents: If the deceased has neither a surviving spouse nor children, parents may be entitled to file a wrongful death claim.
Comprehending who is eligible to file a wrongful death claim is essential to ensure that the proper individuals can seek justice and compensation.
Who Cannot File a Wrongful Death Claim in Cumberland County, IL?
In Illinois, eligibility to file a wrongful death claim is not granted to everyone. Close family members are generally first in line, but individuals with significant financial ties to the deceased may also be able to pursue a claim.
- Friends: In most cases, friends cannot file a wrongful death claim unless they can prove they were financially dependent on the deceased as their primary supporter.
- Siblings: Siblings generally do not have the ability to file a wrongful death claim unless they were financially dependent on the deceased or had an exceptionally close bond, which must be demonstrated through evidence.
If you have doubts about whether you can file a wrongful death claim, consulting with a skilled wrongful death lawyer is important. Contact us now or call (618)-244-5335 for professional guidance.
What Do Cumberland County, IL, Wrongful Death Lawyers Provide?
Our wrongful death lawyers help families seek justice and compensation when a loved one dies due to another party’s negligence or wrongful actions. Here’s what we typically do:
- Case Evaluation: We review the case to determine if there is a valid claim, examining medical records, accident reports, and other key evidence.
- Investigation: We collaborate with experts to investigate the cause of death and identify the responsible party.
- Filing the Lawsuit: If warranted, we file a wrongful death lawsuit on behalf of the family or estate.
- Negotiating Settlements: We negotiate with the at-fault party’s insurance and legal team to secure a fair settlement.
- Court Representation: If a settlement isn’t reached, we represent the family in court and present the case for justice.
We’re here to guide you through this difficult time and help secure the compensation you deserve. Contact us today to discuss your case.
Special and General Damages for Wrongful Death Cases in Illinois
At Hassakis & Hassakis, we work tirelessly to help families obtain compensation to ease their burden. Below are some common general and special damages:
Economic Damages
Economic damages, also known as special damages, are the tangible financial losses resulting from a loved one’s death. These damages are often easier to calculate due to their clear monetary value. Examples include:
- Lost Wages and Benefits: Compensation for the wages and benefits the deceased would have received, such as salary, bonuses, and anticipated future earnings, to support the financial well-being of the surviving family members.
- Medical Expenses: Compensation for the expenses related to emergency medical care, hospital services, surgeries, and other treatment costs that were incurred before the victim’s passing.
- Medical Expenses: Payment for the costs associated with emergency medical treatment, hospital bills, surgeries, and other medical care provided before the victim’s death.
- Funeral and Burial Expenses: Payment for funeral services, burial or cremation fees, headstones, and other necessary expenses, ensuring that families are not burdened with these costs.
Non-Economic Damages
Non-economic damages, or general damages, provide compensation for the emotional and psychological pain resulting from the death of a loved one. Although subjective, they can profoundly affect the surviving family members. Examples include:
- Loss of Consortium: Compensation for the loss of affection, companionship, emotional support, and intimacy that family members endure following the death of a loved one.
- Pain and Suffering: Reimbursement for the emotional distress, mental anguish, and grief endured by surviving family members after the loss of a loved one.
- Punitive Damages: Awarded in cases of gross negligence or wrongdoing, punitive damages serve to penalize the responsible party and discourage future misconduct.
In wrongful death claims, courts may take into account the survivor’s personal situation, such as their age, lifestyle, education, and other significant factors.
Consulting with one of our wrongful death lawyers in Cumberland County, IL, will help you understand the potential damages you may be entitled to in your case.
The Best Cumberland County, IL, Wrongful Death Lawyers
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If negligence has led to the loss of your loved one, don’t wait to seek help. Contact us online or call 618-244-5335. With millions in recoveries for victims, we offer personalized attention and unwavering support. Trust our Cumberland County, IL, Wrongful Death Lawyers who are committed to your family’s justice.
