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 Swansea, IL
Wrongful Death Lawyer Swansea, IL. Since 1950, Hassakis & Hassakis has been committed to offering exceptional legal guidance to victims and their families. Wrongful death cases can have profound emotional and financial consequences for survivors, employers, insurance companies, and others involved. Our Southern Illinois attorneys are dedicated to securing the compensation you deserve and preventing future wrongful deaths. If you’ve lost a loved one, contact our Swansea, IL, wrongful death lawyers at (618)-244-5335 or get in touch with us online.
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 Swansea, 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.
Some of the most prevalent wrongful death cases in Illinois include the following:
- 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 caused by errors made by medical professionals, such as surgical mishaps, diagnostic mistakes, or medication errors. Wrong-site surgeries are particularly severe, representing a clear case of negligence that can lead to fatal consequences.
- Workplace Accidents: Fatalities in the workplace, often from unsafe conditions, machinery failures, or inadequate safety measures. Illinois reports approximately 150 workplace-related deaths annually.
- 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: Deaths caused by boating accidents, often due to equipment failure or operator error. In Illinois, there are approximately 15-20 boating fatalities annually.
Who Can File a Wrongful Death Claim in Swansea, IL?
In Illinois, the wrongful death claim is generally filed by the personal representative of the deceased’s estate, who is typically a close family member or someone appointed by the court. However, some family members may also be entitled 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 surviving spouse may claim compensation for emotional trauma, the loss of companionship, and loss of financial support.
- Children: Children may seek compensation for the loss of a parent or file a claim if no surviving spouse exists.
- Parents: When the deceased has no surviving spouse or children, parents may qualify to file the claim for wrongful death.
Understanding the individuals who can file a wrongful death claim is key to ensuring that those who are entitled can seek justice and compensation.
Who Cannot File a Wrongful Death Claim in Swansea, IL?
In Illinois, the eligibility to file a wrongful death claim is not extended to everyone. Close family members are typically prioritized, although individuals with strong financial connections to the deceased may also qualify.
- Friends: While friends typically cannot file a wrongful death claim, they may be able to if they can show they were the deceased’s primary financial dependent.
- 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 Swansea, 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, encompass the tangible financial losses that stem from the death of a loved one. They are often easier to calculate due to their specific monetary nature. Examples of economic damages include:
- Lost Wages and Benefits: Payment for the income the deceased would have generated, including their salary, bonuses, and expected future earnings, which can help reduce the financial burden on 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: Reimbursement for funeral services, burial or cremation fees, headstones, and other related costs, providing financial relief to families during a difficult time.
Non-Economic Damages
Non-economic damages, or general damages, focus on the emotional and psychological consequences of a loved one’s death. Though subjective, they can profoundly affect the family members left behind. Examples include:
- Loss of Consortium: Reimbursement for the loss of love, companionship, emotional support, and intimacy that family members face after losing a loved one.
- Pain and Suffering: Payment for the emotional hardship, mental anguish, and sorrow endured by surviving family members following the loss of a loved one.
- Punitive Damages: In cases of extreme negligence or intentional misconduct, punitive damages are intended to punish the wrongdoer and act as a deterrent for future similar behavior.
In wrongful death lawsuits, courts may look at a survivor’s personal factors, including their age, lifestyle, education, and any other relevant circumstances.
Consulting with one of our wrongful death lawyers in Swansea, IL, will help you understand the potential damages you may be entitled to in your case.
Top Swansea, IL, Wrongful Death Lawyers
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If you’ve lost a loved one due to negligence, don’t delay. Contact us online or call 618-244-5335. With millions recovered for victims, we provide personalized care and steadfast support. Rely on our Swansea, IL, Wrongful Death Lawyers who are dedicated to securing your family’s justice.
