Champaign Wrongful Death Attorneys

According to the Centers for Disease Control (CDC), there are nearly 170,000 unintentional injury deaths each year. In 2017, 40,231 were from motor vehicle accidents, and 36,338 were related to falls. Accidental deaths are the third leading cause of death in America. Some of these deaths are genuine accidents, and others are the result of someone’s carelessness.

Death is a natural part of life but still difficult to accept. If someone in your family met an untimely death at the hands of a negligent individual, it is exponentially harder to accept. You and your family members deserve compensation for the loss of your loved one and the damages that come with it. Champaign wrongful death attorneys are available to file a legal claim against the person or party that caused your family member’s death.

What is a Wrongful Death?

Wrongful death lawsuits are claims brought on behalf of a deceased person. If the injured person could have filed a personal injury claim had they lived, it’s highly likely that a wrongful death lawsuit on their behalf is valid.

Wrongful death is a legal term for a death that was caused by the fault of another person. Examples of wrongful deaths can include deaths caused by:

1. Drunk driving
2. Dangerous or defective products
3. Construction of an unsound structure or building
4. Nursing home negligence
5. Failing to diagnose a fatal disease
6. Motor vehicle, pedestrian, or bicycle accidents
7. Premise liability accident such as a slip and fall
8. Workplace accidents and illnesses
9. Drowning or boating accidents
10. Homicide

Who Can File a Wrongful Death Lawsuit in Illinois?

Most of the time, wrongful death lawsuits or claims are filed by family members or beneficiaries of the decedent. When you reach out to our knowledgeable Champaign wrongful death lawyers, we can determine who is able to file the lawsuit in your specific circumstances. It might be a previously appointed personal representative of the deceased such as the:

1. Spouse of the deceased
2. Parent of a child who died when they were under the age of 18
3. Adult child of the decedent

If a personal representative was not appointed prior to their death, the court will appoint one. The decedent’s personal representative is responsible for pursuing the wrongful death claim as well as carrying out other crucial tasks associated with their estate.

Statute of Limitations for Wrongful Death Claims

Illinois law affords potential plaintiffs in wrongful death claims one year from the date of the person’s death to file a lawsuit. However, personal injury cases must be filed within two years, which gives the deceased’s representative at least one year and as many as two years to file the claim. This deadline is referred to as the statute of limitations. If they fail to file a claim during this timeframe, the courts can refuse to hear it. By meeting with Champaign wrongful death attorneys as soon as possible after your family member’s death, you can help ensure that the wrongful death claim is filed on time.

Won’t the Defendant be Held Accountable Under Criminal Law?

In many cases, the defendant who caused the wrongful death of another person will face varying degrees of criminal charges. The legal system will determine the outcome of those charges, and if appropriate, they could face criminal penalties for their crime.

However, a civil wrongful death case is entirely distinct from any criminal case. Their outcomes generally do not impact each other. Someone can have their criminal charges dropped or be found not guilty but still be found liable in a civil case.

Even if the person who caused the death of your loved one is facing criminal charges, you can still file a wrongful death lawsuit to receive compensation for damages. A criminal conviction will not compensate you for those damages.

Champaign Wrongful Death Attorneys

It’s important to take time to grieve after the loss of a loved one, but don’t let your grief keep you from pursuing your legal rights. By hiring an attorney, you can ensure that all is being done to seek justice on behalf of your family member while you take the time you need to grieve.

If you suspect that your loved one has suffered a wrongful death, you may be entitled to financial recovery. At Malman Law, we are here to help you recover the compensation you deserve. Call us at (312) 629-0099 to speak with Champaign wrongful death attorneys. You can also contact us online through our website to set up a case evaluation consultation with our skilled Champaign wrongful death attorneys.

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