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A wrongful death claim seeks compensation for the economic losses of the survivors.

The right to file a wrongful death lawsuit is a relatively recent concept. The laws which were brought to the United States from England did not permit wrongful death actions, yet now every state in the U.S. has laws to address wrongful death. According to one study, the primary cause of wrongful death among those younger than thirty-five is car accidents.

Medical malpractice is the second largest cause of wrongful death, particularly among the elderly. Rounding out the top ten causes of wrongful death are falls, workplace accidents, industrial accidents, drowning, boating accidents, train accidents, asbestos exposure, and manufacturing defects.

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For those who have suffered the loss of a loved one..

For those who have suffered the loss of a loved one as a result of an accident or injury caused by the negligence of another person, the legal term for that loss is wrongful death. Wrongful death can bring devastation to family members, both emotionally, and, unfortunately, financially as well.

Of course, no one’s first thought following the loss of a loved one is money; however, there may be family members who depended heavily on the deceased for financial support. This makes it necessary to consider a wrongful death lawsuit to hold the negligent party liable for the loss of a life. Survivors who are allowed to seek compensation for the loss of a loved one include the following:

  • The spouse of the deceased may recover compensation for the loss of companionship, and for the mental trauma which resulted from the death.
  • The minor children of the deceased are allowed to recover compensation for the parental guidance that they have lost due to the death of their parent.
  • Parents of a minor child who died from a wrongful death may recover damages, and if there are no other survivors, the parents of an adult child may also recover damages.

Each of the above survivors are allowed to seek recovery for the value of lost support as of the date of their loved one’s death, along with loss of future support. Medical or funeral expenses may also be recovered and reimbursed to the loved one who paid the expenses.

Proving a Chicago Wrongful Death

When reckless or deliberate behavior results in a fatality, negligence has occurred and a wrongful death suit could be warranted. Negligence in a wrongful death suit refers to the manner in which a reasonable person or medical professional would have acted under the same circumstances. An experienced wrongful death attorney will show that:

  • There was a duty of care owed to the deceased
  • This duty of care was breached
  • Such wrongful actions resulted in death
  • Damages resulted from that death

If you are considering filing a wrongful death suit, speak to your lawyer who will carefully assess your individual circumstances and determine whether there are compensable damages which are clearly documented.

A third party who was directly responsible for the wrongful death will be identified, and it will be shown that negligent behavior was the direct cause of the death. Your attorney will determine whether you have standing to bring the wrongful death suit – that is, whether you are one of the persons allowed to file a wrongful death suit in the state of Illinois.

Damages from an Illinois Wrongful Death

When determining what level of damages you are entitled to in your Illinois wrongful death suit the court will consider a multitude of factors. Some of these include:

  • The relationship between yourself and the deceased
  • The “value” of the services of the deceased to you
  • The normal life expectancy of both you and the deceased
  • The amount of the deceased’s income available to you

Medical and funeral expenses may be reimbursed to you or your loved one’s estate, and you may be eligible to recover loss of wages and earnings, emotional pain and suffering, loss of companionship, or loss of parental guidance – depending on your relationship with the deceased.
Your Chicago wrongful death lawyer may bring in an expert to help value the economic losses that you and your family will incur as the result of the death of your loved one. This expert can put a monetary value on your economic losses, as well as the replacement value of all of the services that the deceased provided to his or her family.

At Malman Law, we have decades of experience representing the families of wrongful death victims in the Chicago area. We will make sure that you receive the full amount of compensation that your family deserves, so that you are not forced to carry unnecessary financial burden during this difficult time.

Why Choose Malman Law?

When your health and your family’s financial future are on the line, you need to take your situation extremely seriously. At Malman Law, we know what your workers’ compensation claim means to you, and we know what a denial of benefits would mean for you and your family. If you choose to work with us, you can rest assured that you have a team of attorneys and expert staff on your side who are dedicated to making sure you receive maximum benefits for your injuries.

Since Steven J. Malman founded our firm in 1994, we have recovered over $200 million in compensation for our clients. We know what it takes to win, and we have established a reputation as one of the most successful personal injury and workers’ compensation law firms in Chicago.

We have a 95 percent success rate, and whether success means settling with the insurance company or taking our client’s case to trial, you can feel confident that we will do whatever it takes to win the compensation you deservea

Fighting For Wrongful Death Victims

Contact Malman Law, Chicago, IL Wrongful Death Lawyers

Our Chicago wrongful death attorneys are dedicated to providing compassionate, aggressive, and effective representation for families in the Chicago area. To date, our lawyers have helped more than 20,000 clients recover in excess of $200 million in financial compensation, and we have a 95 percent success rate across all cases.

To schedule a free consultation with one of our experienced wrongful death attorneys, call our Chicago law offices at (888) 912-7308 or contact us online today.

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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet

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