Filing a wrongful death claim is a notoriously emotionally draining and complex legal process, so claimants are advised to retain an attorney before going to court. Taking this step can make all the difference in whether an at-fault party is held accountable for his or her negligence and the dismissal of the case, so if you recently lost a loved one in an accident that was not his or her fault, it is important to consult with an experienced Schaumburg wrongful death attorney who will aggressively represent the interests of both you and your loved one, whether in settlement proceedings or in the courtroom.
Unfortunately, there are a variety of ways in which a person can lose his or her life as a result of another person’s reckless or negligent conduct. Car accidents, for example, have led to thousands of wrongful death lawsuits. These types of lawsuits are also often raised in response to the following events:
When the at-fault party is a single individual, a decedent’s loved ones will only have to file a claim against that one person. If, for instance, a truck driver fell asleep at the wheel and caused an accident, he or she could be held solely accountable for resulting injuries. In other situations, however, more than just a single person is responsible for the critical injuries sustained by a victim. Large companies like drug manufacturers, for example, can be sued as a corporation for failing to properly test products or for failing to disclose dangerous side effects, if those actions led to a death. Fortunately, the filing requirements are the same in both situations.
When the surviving spouse, children, siblings, parents, or other personal representative of a victim are able to demonstrate that a defendant’s negligence or recklessness led to the death of their loved one, they could be eligible to recover substantial damages. Generally, how much a family can recover is up to individual juries who take a variety of factors into account, including the age of the victim, whether he or she was the sole provider for the family, the type and nature of the accident and subsequent injuries, and the level of suffering endured by the decedent. Finally, damages are awarded based on the relationship between each individual family member and the decedent, which involves an assessment of how dependent each family member was on the decedent, both financially and emotionally.
If you have questions or concerns about filing a wrongful death claim, please call SAM LAW OFFICE LLC at 847-255-9925 to speak with an experienced attorney who will evaluate your case for free and can walk you through the filing process.
How did we do?
Note: Your review may be shared publicly.