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 Shelby County, IL
Wrongful Death Lawyer Shelby 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 Shelby 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 Shelby 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.
Here are some of the most common types of wrongful death cases in Illinois:
- Vehicle-Related Fatalities: Deaths resulting from car accidents, truck accidents, or motorcycle accidents due to another driver’s negligence. In 2024, around 1,200 vehicle-related fatalities occurred in Illinois.
- Medical Malpractice: Deaths due to errors by healthcare providers, such as surgery mistakes, incorrect diagnoses, or medication mix-ups. Wrong-site surgeries are a form of gross negligence and can be fatal.
- Workplace Accidents: Deaths in the workplace caused by unsafe conditions, equipment failures, or insufficient safety protocols. Illinois sees around 150 fatal work-related incidents every year.
- Product Liability: Fatalities caused by defective products, such as faulty car brakes, malfunctioning machinery, unsafe consumer goods, or hazardous chemicals.
- Premises Liability: Fatal accidents that happen on another person’s property, such as slip-and-fall incidents, insufficient security, and poorly maintained properties.
- 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 Shelby County, IL?
In Illinois, the personal representative of the deceased’s estate is typically the one who files the wrongful death claim. This person is often a close relative or someone assigned by the court. However, other family members may also be eligible to seek compensation for their losses.
- Personal Representative of the Deceased’s Estate: The personal representative is responsible for filing the claim for both the estate and the surviving family members.
- Surviving Spouse: The spouse who survives the deceased can seek compensation for emotional suffering, loss of companionship, and financial support.
- Children: If there is no surviving spouse, children may file a claim or seek damages for the loss of their parent.
- Parents: If the deceased has no surviving spouse or children, parents may be eligible to file the claim.
It’s important to understand who has the right to file a wrongful death claim to make sure that the correct parties can seek justice and compensation.
Who Cannot File a Wrongful Death Claim in Shelby County, IL?
Not everyone can file a wrongful death claim in Illinois. Close relatives usually have priority, but those with significant financial relationships to the deceased may also be eligible to file.
- Friends: Friends are usually not eligible to file a wrongful death claim unless they can prove they were the main financial dependent of the deceased.
- Siblings: Siblings usually cannot file unless they can demonstrate financial dependency on the deceased or show an exceptionally close relationship, supported by evidence.
If you’re uncertain about your ability to file a wrongful death claim, it’s essential to consult with an experienced wrongful death attorney. Get in touch with us or call (618)-244-5335 for trusted legal counsel.
What Do Shelby 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, or special damages, represent the tangible financial losses caused by a loved one’s death. These damages are typically easier to quantify because they have a clear monetary value. Some examples include:
- Lost Wages and Benefits: Compensation for the income the deceased would have earned, including salary, bonuses, and potential future earnings, which can help ease financial hardship for surviving family members.
- Medical Expenses: Compensation for the emergency medical services, hospital charges, surgeries, and other treatment-related costs incurred before the victim passed away.
- 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: Payment for the loss of love, companionship, emotional connection, and intimacy that family members suffer after the death of a loved one.
- Pain and Suffering: Reimbursement for the emotional pain, mental suffering, and grief endured by surviving family members after losing a loved one.
- Punitive Damages: Awarded in cases involving extreme negligence or misconduct, punitive damages aim to punish the responsible party and prevent similar behavior in the future.
In wrongful death cases, courts may consider the personal circumstances of the survivor, including factors like age, lifestyle, education, and other relevant details.
Consulting with one of our wrongful death lawyers in Shelby County, IL, will help clarify the types of damages you could be entitled to in your case.
Experienced Shelby County, IL, Wrongful Death Lawyers
Here are a few of our other services:
If you’ve lost a loved one due to negligence, it’s time to act. Reach out to us online or call 618-244-5335. With millions recovered for victims, we provide tailored support and compassionate care. Trust our Shelby County, IL, Wrongful Death Lawyers to advocate for your family’s justice.
