Leading Causes of Wrongful Death Claims

Tuesday, July 5, 2022

Leading Causes of Wrongful Death Claims

Written by Malman Law, reviewed by Steve J. Malman.

If your loved one lost their life due to the negligence of another person, you might have the right to file a wrongful death claim. These cases are usually caused by a few different circumstances. Reach out to an attorney to get help with a wrongful death claim.

A wrongful death is a fatality arising from the reckless, careless, or negligent actions of another person or party. Just like personal injury cases, wrongful death claims can be caused by many different circumstances. Generally, if the deceased person were to have lived and could file a personal injury claim to seek compensation for their injuries, a personal representative could file a wrongful death claim on their behalf. Our compassionate Chicago wrongful death lawyers help families recover financially after the death of a loved one. They handle many different types of wrongful death cases; here are the most frequent.

Motor Vehicle Accidents

The NHTSA (National Highway Traffic Safety Administration) reports that approximately 40,000 individuals in the U.S. die due to injuries they sustain in motor vehicle accidents every year. With so many deaths attributable to car accidents, it’s no wonder that car accidents lead to many wrongful death claims as well. If your loved one died in such an accident, you might have a wrongful death claim against motorists, commercial truck drivers, roadway government agencies, and even vehicle manufacturers. Our Chicago wrongful death attorneys can investigate the accident to determine who is at fault.

Medical Malpractice

All healthcare facilities and medical staff such as doctors, nurses, aides, lab techs, and others have a duty to provide each patient with quality care. Medical malpractice happens when doctors and other staff violate their duties to only give acceptable standards of care to their patients, resulting in injuries or death. Types of medical malpractice include:

1. Misdiagnosis or delayed diagnosis
2. Prescribing the wrong medication
3. Surgical errors
4. Anesthesia errors
5. Birth injuries
6. Defective medical equipment
7. Nursing home neglect or abuse

When a loved one dies because of a medical professional’s negligence, the surviving family members can file a wrongful death claim to receive financial compensation. If the deceased person didn’t appoint a personal representative before their death, the court will appoint one. Usually, this person is a spouse parent, adult child, adult sibling, or another closely related adult family member. Experienced Chicago wrongful death lawyers can help you determine which family member should file a wrongful death claim on behalf of your deceased loved one.

Workplace Accidents

Deaths from workplace accidents can occur nearly anywhere but most frequently occur in manufacturing plants, mining operations, and construction sites. Explosions, burns, falls, asbestos, or long-term exposure to other dangerous chemicals or substances can cause wrongful deaths in the workplace.

Product Liability

Another common cause of action for wrongful death that our Chicago wrongful death attorneys frequently see is product liability. Illinois has laws to keep people safe and hold manufacturers, distributors, retailers, and product designers accountable for manufacturing and selling dangerous products. Defects with product design, development, or the manufacturing process can lead to needless injuries and fatalities.

Who Can File a Wrongful Death Suit in Illinois?

In the State of Illinois, close family members cannot directly file a claim for wrongful death in the civil courts. Instead, the law requires the personal representative (also known as an executor) of the estate to file the claim on behalf of immediate family members. This person is the one who is ultimately in charge of managing the deceased person’s will and estate distribution.

If no one has been pre-designated to be the personal representative (such as if the deceased person was a minor or an adult who didn’t draft a will before they died), the personal representative for the deceased would then be appointed by the probate court.

The personal representative should always work closely with a wrongful death lawyer who can file the claim and pursue full compensation for all of the family’s losses. Once a settlement or award is secured from the liable insurance companies or in court, the proceeds will be distributed appropriately to close family members, including the spouse, children, or parents.

Malman Law’s Chicago Wrongful Death Lawyers Can Help

No matter how your loved one died, let us determine if you have a wrongful death claim. We offer complimentary case consultations with the skilled wrongful death attorneys at Malman Law. To schedule yours, call (312) 629-0099 today or use our online contact form.