The pain of losing a loved one too soon never goes away, and many families are left wondering whether they have a case for wrongful death. If you have lost a loved one unexpectedly, we offer our sincere condolences—we know that you are dealing with an unimaginably difficult situation, and we know that you have a long and difficult road ahead. We also know that, like many people who find themselves in your situation, you have questions.
This includes questions about pursuing a case for wrongful death.
In Illinois, grieving families can file wrongful death claims in a wide range of scenarios. Filing a claim requires proof that someone else (or a company) is legally responsible for your loved one’s death. While legal responsibility can be based on various grounds, the key is to determine the precise grounds that your family can use to take legal action.
With this in mind, what are the potential grounds for filing a case for wrongful death in Illinois? Here are five of the most common examples:
Many wrongful death cases involve fatal auto accidents. If your loved one was tragically killed in an auto accident, your family may have a case for wrongful death based on driver negligence. Speeding, weaving through traffic, running red lights and stop signs, driving while distracted, and driving while intoxicated are all examples of negligence that can provide clear grounds for liability.
Proving driver negligence requires a prompt and thorough investigation. In many cases, this involves not only gathering evidence at the crash site, but also gathering evidence through other means. When you hire a wrongful death lawyer to represent your family, your family’s lawyer will work quickly to preserve any and all evidence that is available.
Property owner negligence can provide grounds to file a case for wrongful death in situations involving fatal falls, electrocutions, drownings, and other premises-related accidents. While property owners’ legal duties vary depending on why someone is on their property (i.e., whether someone is an invited guest or a trespasser), it will be worth talking to a wrongful death lawyer regardless of the circumstances surrounding your loved one’s untimely passing. In this scenario, you do not want to make any assumptions about your family’s legal rights, and you do not want to take advice from the property owner’s insurance company.
Medical negligence is alarmingly common. Each year, far too many patients tragically lose their lives due to diagnostic oversights, medication errors, surgical errors, and other mistakes that their doctors could (and should) have avoided.
Similar to cases involving fatal auto accidents and premises-related accidents, filing a case for wrongful death based on medical malpractice typically involves dealing with the at-fault party’s insurance company. If your family has a wrongful death claim based on medical malpractice, your family’s lawyer can gather the necessary evidence, deal with the insurance company on your behalf, and help you make an informed decision about when (and if) to settle.
In many situations, a case for wrongful death involves corporate negligence. Some examples of potential grounds for holding a company responsible after a fatal accident include:
Auto accidents, aviation accidents, boating accidents, premises-related accidents, and cases involving medical malpractice can all give rise to claims for corporate negligence—and even these are just examples. If you believe that a company may be responsible for your loved one’s death, you will want to speak with a lawyer about your family’s legal options right away.
Along with various forms of negligence, product defects and failures can also give rise to wrongful death claims under Illinois law. In these cases, the law of “strict liability” applies. In strict liability cases, proof of negligence is not required—the fact that a company sold a defective product is enough to establish a claim for financial compensation.
If you’ve lost a loved one due to someone else’s negligence or misconduct, the emotional and financial toll can be overwhelming. During such a difficult time, you deserve answers, accountability, and a legal team that will stand by your side every step of the way. At Coplan + Crane, we understand how complex and painful wrongful death claims can be, and we are here to help you navigate the process with care and compassion. Our attorneys will investigate the facts, explain your legal options, and fight tirelessly to recover the compensation your family needs to move forward.
Contact the Chicago wrongful death lawyers at Coplan + Crane today online or at 312-982-0588 for a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas. We handle wrongful death cases on a contingency basis, which means you don’t pay unless we win.
