Northbrook Wrongful Death Attorneys
Losing a loved one in an accident or due to someone else’s negligence is devastating. However, you have the right to file a wrongful death claim on their behalf. Both businesses and individuals can be held financially responsible for deaths that occur because of negligence or reckless actions on their part. Our wrongful death lawyers have over 55 years of experience helping loved ones and surviving family members hold responsible parties accountable in the Chicago area.
You can trust us to put our years of experience and local connections to work for you. At the Orzoff Law Offices, our personal injury and wrongful death attorneys work with investigators, design engineers, accident reconstructionists and other experts to expose negligence that leads to fatalities. We identify safety issues ignored by manufacturers, employers and others guilty of endangering the public.
Holding The Responsible Parties Accountable For Your Loss
When families come to us, they want more than anything to understand how the tragic incident that caused the death of their loved one could have happened. In the case of medical malpractice, in particular, the family may be unsure if there was any fault. At Orzoff Law Offices, our attorneys will thoroughly examine your case to help determine the cause of the accident and the at-fault parties.
Once our firm has been retained, we act immediately to assemble a team of experts to investigate:
- In motor vehicle accident cases, we investigate the accident scene, interview witnesses and, when necessary, work with reconstruction experts.
- In workplace accident cases, we look for violations in the duty of care toward employees, such as OSHA violations or a paper trail documenting known hazards.
- In medical malpractice cases, we work with medical experts who understand that particular field of medicine to identify negligence and deviations from standards of care.
Regardless of what caused the accident and the death of your loved one, you can trust our attorneys to provide the support and guidance you need. While it’s common for those responsible for an accidental death to say it couldn’t be avoided, the law recognizes the idea of foreseeability. This means that an injury or death should have been seen as one potential consequence of negligent behavior. So even if a manufacturer of a poorly designed product, a bar that served a drunk patron or an employer who didn’t enforce OSHA safety requirements did not directly cause a death, they can still be held legally responsible because their indirect action (or inaction) resulted in death.
Recovering Compensation For Your Loss
The loss of your loved one is truly a loss beyond all monetary value, but a monetary settlement is all that the law is able to provide. Every life lost has value, whether the person was the family breadwinner killed in a workplace accident, a newborn lost to a birth injury or a senior citizen killed in a bus crash.
Immediate family members, spouses, children and parents may seek financial compensation to cover the following:
- The cost of predeath medical care
- Funeral costs
- Lost wages, including future lost wages for workers
- The value of services that person provided to the family, which can be quite valuable in the case of a homemaker
- The value of companionship and parental guidance
Every case and accident is unique. We will examine all the evidence and consider all possible damages you can file a claim for.
Common Questions About Wrongful Death Claims In Illinois
Losing a loved one to someone else’s negligence is devastating. Here are answers to common questions Illinois families ask about wrongful death claims.
Who is legally allowed to file a wrongful death lawsuit in Illinois?
In Illinois, the person who files a wrongful death lawsuit must be the personal representative of your loved one’s estate. This is typically someone named in their will. If your loved one did not have a will, the court will step in and appoint someone to take on that role.
What is the statute of limitations for filing a wrongful death claim?
You generally have two years from the date of your loved one’s passing to file a wrongful death claim. However, certain situations can change that deadline. For example, cases involving criminal misconduct, violent acts or fraudulent concealment may allow for more time to file. The clock may also pause if the victim was a minor or had a legal disability.
What types of financial compensation can families recover in an Illinois wrongful death claim?
Families can recover compensation for things like medical bills, funeral costs and the income their loved one would have earned over their lifetime. Illinois law also recognizes the emotional toll of losing someone, allowing families to seek damages for the loss of companionship, guidance and love their loved one provided.
How are wrongful death settlement proceeds distributed among surviving family members in Illinois?
In Illinois, any money recovered from a wrongful death claim goes to the surviving spouse and close family members, such as children or parents. Before that money gets divided, certain costs are deducted first, such as attorney fees, outstanding medical bills and funeral expenses. The court then examines each family member’s level of dependency on the deceased. It considers factors such as financial support, emotional guidance and the closeness of the relationship when deciding how to divide the remaining money.
What is the difference between an Illinois wrongful death claim and a survival action?
A wrongful death claim centers on the damages experienced by surviving family members, such as lost financial support and the loss of companionship. A survival action, on the other hand, focuses on the losses the deceased person experienced between the time of the incident and their death, such as pain and suffering or medical expenses incurred during that period. The two claims are separate but can be filed together. However, unlike a wrongful death claim, the compensation from a survival action goes to the deceased person’s estate rather than directly to the family.
Contact Our Wrongful Death Lawyers Today
Wrongful death cases demand careful investigation. If you would like to schedule a free consultation to discuss your case, contact Orzoff Law Offices by calling 847-780-2356 or by filling out our online contact form. We offer legal services in Spanish, Polish, Russian and Ukrainian.
We do not let our clients get less than they deserve: see our client success stories.