Rockford Wrongful Death Lawyer

Experienced Wrongful Death Lawyers You Can Trust

Losing a loved one under any circumstances is a heartbreaking experience. It is natural to feel betrayed and not know where to turn or who to trust. Many people might be giving you advice, but the situation can feel overwhelming and devastating. 

In such difficult times, you need compassionate and experienced legal professionals who can help you seek justice. You need Malman Law by your side.  

Our team of Rockford wrongful death lawyers can meet with you, listen to your story with compassion, and begin taking steps to hold the responsible parties accountable for your loss. 

At Malman Law, we understand the emotional and financial hardships that follow a wrongful death. Our dedicated team of attorneys has been serving the Rockford community for over 25 years, providing compassionate and effective legal representation to families who have lost loved ones due to the negligence of others. 

With our clear understanding of Illinois wrongful death laws and years of experience handling complex cases, we are the lawyers you can trust to fight for your family and help you obtain the compensation and closure you deserve.

When You Need To File A Wrongful Death Claim In Illinois

Wrongful death claims arise when a person’s death happens because of the negligence or intentional act of another party. In the state of Illinois, certain individuals are eligible to file a wrongful death lawsuit on behalf of the deceased person. When someone dies and another party is at fault, they cannot file a personal injury claim like they would have if they survived. However, the liable parties should still be held fully accountable for the harm and tragic losses they caused. This is where a wrongful death claim comes in.  

Filing the claim then becomes the responsibility of close loved ones who survived the deceased individual. If you believe you might need to file a claim to seek justice, our knowledgeable Rockford wrongful death attorneys at Malman Law can guide you through the process and determine your legal standing.

Who Can File a Wrongful Death Lawsuit in Rockford, IL?

Every state is different when it comes to who can file a wrongful death claim. Illinois law does not allow family members to file a lawsuit directly. Instead, the personal representative (also known as the executor) of the estate must file the case. Keep in mind that often, the personal representative might be a spouse or a close family member. 

Once the personal representative files the claim, any compensation then gets distributed to eligible family members. The surviving spouse is given the first right to collect compensation. If there is no surviving spouse, the children of the deceased can obtain recovery. In the absence of a surviving spouse and children, the parents of the deceased can benefit. 

Our experienced Rockford wrongful death lawyers understand the sensitivity of these cases and can both the personal representative and family members get through the legal process and make sure everything is handled properly.

What Are the Rules for an Illinois Wrongful Death Lawsuit?

In Illinois, there are specific rules and criteria that must be met to pursue a wrongful death lawsuit. 

Statute of Limitations

First, the lawsuit must be filed within the statute of limitations, which is generally two years from the date of the death. You must act promptly to preserve your rights and gather the necessary evidence to support your claim. Keep in mind the clock starts ticking from the date of the death – not the date of the injury. If your loved one fought for their life in the hospital for weeks or months following an injury, the statute of limitations would be two years from the date they succumbed to their injuries.

Proving Liability

Next, you must sufficiently prove that another party was responsible for causing the death. This involves proving their negligence or wrongful act. Negligence involves breaching a duty of care to act reasonably and causing harm as a result. A wrongful act often involves criminal conduct, such as a violent assault

Proving liability requires evidence and a strategic legal approach. Our wrongful death lawyers from Malman Law can assess liability in your situation and build a strong case so you can seek the compensation your family deserves. 

Who Are the Likely Defendants in a Wrongful Death Lawsuit?

Wrongful death lawsuits can be brought against various parties, depending on the circumstances surrounding the death. In Rockford, IL, some likely defendants in a wrongful death lawsuit may include:

  • Negligent individuals: If someone’s careless actions directly caused the death of your loved one, they can be held accountable in a wrongful death claim. A common example is a negligent driver causing a fatal crash. 
  • Companies and corporations: If a company’s negligence or failure to uphold safety standards resulted in the death of your loved one, you may be able to hold them responsible.
  • Medical professionals: If medical malpractice led to the death of your loved one, you can pursue legal action against the responsible healthcare providers.
  • Government entities: If the negligent actions or inactions of a government agency or employee caused the death, a wrongful death lawsuit can be filed against them.

Determining the appropriate defendants in a wrongful death lawsuit requires a thorough investigation and understanding of the facts of the case. Our experienced Rockford wrongful death attorneys from Malman Law have the experience to identify all liable parties and pursue legal action against them to secure the compensation you deserve.

Common Causes of Wrongful Deaths in Rockford, IL

Wrongful death can occur in various situations, and Rockford is no exception. Some of the most common causes of wrongful deaths our attorneys see include the following. 

Car Accidents

Tragically, car accidents claim the lives of many individuals in Rockford every year. Whether it’s due to drunk driving, distracted driving, or reckless behavior, the loss of a loved one in a car accident is devastating. Our compassionate Rockford wrongful death lawyers have extensive experience handling car accident wrongful death cases and can help you seek justice for your loved one’s untimely passing.

Slip and Fall Accidents

Slip and fall accidents can result in severe injuries and even wrongful death. This is especially for older adults who might fall, fracture a hip, and fail to survive surgery or the necessary medical treatment. Property owners have a duty to maintain a safe environment for visitors, and when they fail to do so, tragedy can occur. 

Truck Accidents

The huge size and weight of commercial trucks make accidents involving them especially dangerous. When a truck hits a small car, the occupants of the smaller vehicle often suffer catastrophic or fatal injuries. Truck accidents can be caused by various factors, including driver fatigue, inadequate maintenance, or improper loading of cargo. 

Medical Malpractice

Medical professionals have a duty to provide a certain standard of care to their patients. When they deviate from this standard and cause harm that leads to death, it’s considered medical malpractice. If your loved one’s death was the result of medical negligence, our experienced Rockford wrongful death attorneys can help you pursue a medical malpractice claim and seek justice from the doctor they should have trusted.

Motorcycle Accidents

Motorcycle accidents often result in catastrophic injuries and fatalities. The lack of protection for motorcyclists makes them more vulnerable to severe injuries or death in a collision. Even with safety gear and safe riding practices, many motorcyclists cannot survive when a dangerous driver collides with them. These drivers should be responsible for the tragedy they caused. 

Fatal Injuries Among Children in Rockford

Tragically, children can also be victims of wrongful death due to accidents caused by acts of negligence. In Rockford, fatal injuries among children can occur in various settings, including:

  • Car accidents
  • Pedestrian accidents
  • Drowning incidents
  • Product accidents
  • Bicycle accidents
  • Birth injuries and other medical malpractice

There are the unique legal considerations surrounding wrongful deaths involving children. Parents need compassionate and knowledgeable attorneys behind them in this devastating situation. At Malman Law, our Rockford wrongful death lawyers have experience handling such delicate cases and can assist you in seeking justice for your child.

What is the Difference Between a Rockford Personal Injury and Wrongful Death Lawsuit?

While personal injury and wrongful death lawsuits share similarities, there are distinct differences between the two. 

A personal injury lawsuit can be filed when a person is injured due to someone else’s negligence, while a wrongful death lawsuit is filed when a person dies due to the negligence or intentional act of another party. 

In a personal injury lawsuit, the injured individual seeks compensation for their injuries and related damages, such as medical expenses and lost wages. In a wrongful death lawsuit, the surviving family members seek compensation for the loss of their loved one, as well as any medical expenses, funeral costs, and the emotional suffering caused by the death.

Damages You Can Seek in a Wrongful Death Lawsuit in Rockford

In an Illinois wrongful death lawsuit, the personal representative can seek various types of damages on behalf of close family members. While no amount of money can truly compensate for the loss of a loved one, pursuing a wrongful death claim can help alleviate the financial burdens caused by the death and hold the responsible parties accountable. 

Damages that can be available in a Rockford wrongful death lawsuit include:

  • Funeral and burial expenses
  • Medical expenses related to the wrongful death
  • Loss of income, including the future earning potential of the deceased
  • Loss of companionship, guidance, and consortium
  • Pain and suffering endured by the deceased prior to their death
  • Punitive damages, in cases of extreme negligence or intentional misconduct

Each case is unique, and the damages that you might pursue will depend on the specific circumstances. Our dedicated Rockford wrongful death lawyers will carefully evaluate your case, identify all possible damages you may be entitled to, and fight vigorously to secure fair compensation on your behalf.

If Your Loved One Suffered a Wrongful Death in Rockford, IL, Our Lawyers Can Help

Losing a loved one is never easy, and the pain is only intensified when their death could have been prevented. If your loved one suffered a wrongful death in Rockford, IL, our experienced lawyers at Malman Law are here to help you through this challenging time. We understand the emotional turmoil and financial strain you may be experiencing, and we are committed to standing by your side and fighting for your rights.

Our team of Rockford wrongful death attorneys has a proven track record of successfully handling complex wrongful death cases. We provide personalized attention and compassionate legal representation to each client, and we are dedicated to securing the justice and compensation you deserve. 

To learn more about how our Rockford wrongful death lawyers can assist you, contact us today for a free, confidential consultation. Don’t face this difficult situation alone.


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