Jersey County Wrongful Death Lawyer

Jersey County Wrongful Death Attorney

Losing a loved one is already an incredibly difficult experience, let alone when another person was responsible for their death. Regardless of whether it was accidental, moving on from a wrongful death is next to impossible. However, loved ones who are left behind can seek closure by filing a wrongful death claim in Jersey County and seeking compensation. If you believe your loved one died due to negligence, retain a Jersey County wrongful death lawyer immediately.

At Joshua R. Evans, Attorney at Law, our team works tirelessly to represent families who have been impacted by wrongful deaths in Jersey County. We understand that dealing with the legalities of a wrongful death can be overwhelming, especially while you’re trying to grieve. Our team can assess your case, determine who is liable, and fight to file a valid claim that helps you recover the compensation that you’re owed.

Understanding Wrongful Deaths in Illinois

Under Illinois state law, a wrongful death occurs when someone dies due to the negligence or wrongful actions of another party. A wrongful death suit can be filed in any case where the plaintiff believes the victim could have filed a personal injury claim in Jersey County had they survived. In this way, a wrongful death claim is essentially a personal injury claim being filed on behalf of the deceased.

How to File a Wrongful Death Claim in Illinois

With the help of our experienced wrongful death attorney, you can seek damages for your deceased loved one. The process of filing a wrongful death claim is not unlike filing other types of suits. There are crucial steps involved that all culminate in a fight for compensation:

1. Hire a Lawyer: You will want to hire a skilled wrongful death lawyer to guide you through the rest of the process. These types of cases can get confusing and are heavily reliant on deadlines. You will want to hire a lawyer with a proven track record who can handle your case while you focus on grieving and emotional recovery from your loss.
2. Thorough Investigation: Your lawyer should investigate your loved one’s death independently and thoroughly. This can include gathering evidence, photographing the scene, interviewing witnesses, and studying police reports. If the at-fault party investigated the scene, they may have a skewed or contradictory report that refutes the facts.
3. Identify the At-Fault Party: You may not know who is at fault when you begin your investigation. Identifying those responsible is a crucial step towards filing a suit against the parties you hold liable. Your lawyer can review your findings and help you identify the responsible party. For example, if your loved one died due to mechanical failure, the liable party could be a mechanic who fixed their car improperly.
4. Attempt to Settle: Once you and your lawyer have assembled all of your evidence and documentation, you may want to attempt to settle with the liable party out of court. Your lawyer will draft a letter to the liable party’s insurance company after determining the total value of the compensation that you are seeking. This can include funeral costs, medical bills, lost wages, and pain and suffering.
5. File the Claim: If negotiations fail to provide an offer, the next step is to take the wrongful death claim to court. Your lawyer will file a complaint with the court that outlines the details of the suit at hand. Once it is assured that your suit falls within the statute of limitations, it will be filed.
6. Trial: Once your claim goes to trial, your lawyer will represent your interests and present all the evidence of wrongful death to the judge and jury. During this time, either party may decide to attempt another settlement offer with the help of an independent mediator. If that fails, a trial is the last option. Both parties will argue their side of the story, and a judge or jury will deliberate and ultimately decide on monetary damages.

FAQs

Q: Can You Sue for Pain and Suffering After a Wrongful Death in Illinois?

A: The Illinois Wrongful Death Act grants either the surviving spouse or next of kin the ability to seek damages for grief, sorrow, and mental suffering. The Illinois Survival Act also allows the victim’s loved ones to seek fair compensation for physical pain and emotional suffering, but not punitive damages. Your lawyer can help you figure out how much you should request and fight for the compensation you’re entitled to.

Q: What Is the Statute of Limitations for Wrongful Death in Illinois?

A: In Illinois, the statute of limitations for a wrongful death lawsuit is two years from the date of the victim’s death. There are some exceptions, such as if the victim was a minor or the victim did not die in the state of Illinois. This strict time limit can be difficult to work with alongside the grieving process, but the statute is there to prioritize families who need immediate financial support and to avoid frivolous litigation as much as possible.

Q: Can a Sibling Sue for Wrongful Death in Illinois?

A: The Illinois Wrongful Death Act specifies that only the victim’s surviving spouse or children may sue for wrongful death. However, exceptions can be made if the victim has no spouse or children but does have other living family members such as siblings, parents, or cousins. These family members may be able to file a wrongful death suit, but the case itself will be filed under the name of the estate’s primary executor instead of the family member.

Q: What Is the Burden of Proof for Wrongful Death in Illinois?

A: The burden of proof in a wrongful death lawsuit in Illinois falls on the plaintiff. Since they are arguing a wrongful death suit, they are the ones who have to prove a wrongful death has taken place. They must prove the liable party’s negligence that led to their loved one’s wrongful death in order to be awarded compensation. This can be done by establishing a duty of care, proving that the duty was breached, and proving that the breach caused the accident.

Your Jersey County Wrongful Death Team – Law Firm Illinois

Our team at Joshua R. Evans, Attorney at Law, has spent countless hours examining wrongful death claims and working to secure compensation for grieving family members. We empathize with the intense emotions and stress you’re feeling and are ready to provide you with legal counsel that benefits your case. Do not wait to ask how our firm can assist you through a wrongful death claim. Contact our Jersey County location today.