Dealing with death may just be the hardest thing you have to do in your life. It’s even worth it if that was a needless wrongful death. Nothing will ever bring that person back, but you may be entitled to compensation for your loss. First you have to determine if you actually have a wrongful death case. What are the common causes of wrongful death? Heller, Trakhtman and Associates is here to provide some understanding. If you believe you have a wrongful death case in the Chicago area, then you should reach out to us for a free consultation today.
What is Wrongful Death Defined as?
Before we get into the potential causes of wrongful death, it’s helpful to define terms. Complicating this a little further is that every state defines wrongful death a little differently. In Illinois, where our law offices are locations, wrongful death occurs when someone dies due to a wrongful act, neglect or default.
A simpler way to think of it is to imagine if the person had survived, would they have been able to file a personal injury lawsuit. If that answer is yes, then a wrongful death suit can typically be filed on their behalf.
Potential Causes For a Wrongful Death in Illinois
- Vehicle Accidents—When a death is caused by an accident and the at-fault driver involved was impaired, distracted, or being aggressive, the victim would have a potential wrongful death case.
Read More: When Should You Hire an Attorney After a Car Accident? - Work-Related Accidents—If a worker was exposed to an unsafe work environment and that environment results in their death, then that’s a wrongful death case. This is even true if on-the-job exposure results in death years after the fact such as with mesothelioma from asbestos exposure.
- Medical Malpractice—When someone dies due to a lack of proper care or a mistake while in the care of a doctor or medical facility, a wrongful death case is an option here as well.
- Defects in Products—A wrongful death case can typically be pursued when a product defect results in death. This does rely on proving the defect and not misuse. An example could be a seatbelt in a car failing during an accident or the use of a household appliance that resulted in electrocution.
- Criminal Acts—Criminal acts are handled in criminal court, and a wrongful death case is a civil court case. However, in many cases, especially where a death is involved, both a criminal and a civil case can be brought forward against the defendant. Typically, the cases do not affect each other.
When Do You Need a Medical Malpractice Attorney?
Wrongful Death Attorney in the Chicago Area
If you think a loved one was the victim of a wrongful death in the Chicago area, then we encourage you to reach out to Heller, Trakhtman and Associates as soon as possible. We are located in Deerfield, IL, and we serve all of the Chicago area. Even if you are pursuing a criminal case already, you should reach out to a wrongful death attorney like us to ensure that you are pursuing all legal avenues. Reach out to us for a free consultation today!
Does Fault Matter in a Personal Injury Case in Illinois?
Nothing posted on this website is intended, nor should be construed, as legal advice. Blog postings and site content are available for general education purposes only.