EXPERIENCED PERSONAL INJURY ATTORNEYS
St. Charles, IL Wrongful Death Lawyers
Compassionate Legal Support for Wrongful Death Claims and Fatalities in St. Charles, Illinois
The loss of a loved one is one of the most devastating experiences a family can endure. When that loss is due to the negligence or wrongful actions of another party, the grief is compounded by anger, confusion, and the urgent need for justice. Under the Illinois Wrongful Death Act (740 ILCS 180), surviving family members have the right to pursue compensation and hold responsible parties accountable.
At John J. Malm & Associates, we understand how overwhelming this time can be. We are committed to securing justice and closure for your family, so you can focus on healing and finding peace during such a difficult period. Our team of experienced St. Charles wrongful death attorneys, all local residents of Kane County, is committed to guiding you through this difficult process with compassion and dedication.
What is a Wrongful Death Claim?
“Wrongful death cases require experience, resources, and an understanding of the law. Families face immense emotional and legal challenges, and our mission is to manage these complexities, allowing them to focus on honoring their loved one’s memory.” – John J. Malm, St. Charles wrongful death attorney
A wrongful death claim arises when someone’s negligence or intentional act results in another person’s death. The purpose of a wrongful death lawsuit is to seek justice and financial compensation for the deceased’s surviving family members for the losses they have suffered. This includes both economic and non-economic damages.
Who Can File a Wrongful Death Claim?
Under the Illinois Wrongful Death Act, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This may be the executor named in the deceased’s will or a court-appointed representative if no will exists. The proceeds of a wrongful death claim are distributed to the deceased’s surviving spouse and next of kin, such as children or parents.
Types of Recoverable Damages in Wrongful Death Claims
Families may be entitled to various types of damages, including:
- Economic Damages: Medical expenses, funeral and burial costs, lost income, and the value of household services the deceased provided.
- Non-Economic Damages: Emotional pain and suffering, loss of companionship, loss of society, and loss of care and guidance.
- Punitive Damages: In cases of particularly reckless conduct, punitive damages may be awarded to punish wrongdoing and deter similar actions in the future.
Common Causes of Fatalities in St. Charles
Motor vehicle accidents are among the leading causes of wrongful death in Illinois, with over 1,280 traffic fatalities reported statewide in 2022. Busy roads like Randall Road and Route 64 contribute to the prevalence of severe car accidents in St. Charles. When these accidents result from speeding, distracted driving, or impaired driving, families can seek compensation through a wrongful death claim.
Trucking Accidents
The size and weight of semi-trucks make accidents involving them particularly devastating. When truck drivers fail to adhere to safety protocols, such as avoiding fatigue, obeying speed limits, and maintaining their vehicles, the results can be fatal. Wrongful death claims can hold truck drivers and trucking companies accountable for their negligence.
Medical Malpractice
Medical errors are a major cause of wrongful deaths in the United States, with more than 250,000 deaths annually attributed to medical mistakes. If a healthcare professional’s negligence contributed to your loved one’s death, a wrongful death claim can seek justice and compensation for your family.
Tragically, nursing home neglect can lead to fatal outcomes. Families trust these facilities to care for their loved ones, and when that trust is violated, it can result in wrongful death. Claims can be filed against the nursing home and staff for failing to meet the standard of care.
Workplace Accidents
Certain industries, particularly construction and manufacturing, are more prone to workplace accidents that can result in fatalities. In these cases, families can pursue wrongful death claims against negligent employers or third parties.
Defective Products
Faulty products can lead to severe injuries or fatalities. Product liability wrongful death claims hold manufacturers or distributors accountable for defective items that result in harm.
How Our St. Charles Wrongful Death Attorneys Can Help You and Your Family
Comprehensive Investigation
We conduct thorough investigations to gather evidence, consult with experts, and build a strong case. Our team of dedicated St. Charles personal injury lawyers leverages advanced techniques, such as accident reconstruction, digital forensics, and collaboration with medical specialists, to ensure every detail is meticulously analyzed. Our goal is to identify all responsible parties and hold them accountable. We conduct thorough investigations to gather evidence, consult with experts, and build a strong case. Our goal is to identify all responsible parties and hold them accountable.
Compassionate Representation
Navigating the legal process while grieving can be overwhelming. Our firm takes on the complexities of your case so that you and your family can focus on healing and finding peace during this difficult time. Our local team at John J. Malm & Associates offers compassionate, personalized support to help you through every step.
Trial-Ready Advocacy
While many wrongful death cases settle outside of court, we prepare each case as if it will go to trial. This ensures that we are fully prepared to advocate for your rights if litigation becomes necessary.
Securing Maximum Compensation
We are dedicated to securing the maximum compensation available for your family. This includes damages for medical expenses, funeral costs, lost income, and the emotional suffering associated with your loss.
Recent Wrongful Death Case Results
- Confidential settlement for a sports-related wrongful death of a 12-year-old.
- $1.25 million settlement for the wrongful death of a 7-year-old in a trucking accident.
- $3.9 million settlement for the wrongful death of a woman killed in a car accident.
- $1.6 million settlement for a trucking accident that resulted in a fatality.
- Confidential settlement for a wrongful death due to medical malpractice.
These case results illustrate our commitment to achieving justice for families throughout St. Charles and Kane County.
FAQs About Wrongful Death Claims in St. Charles, IL
Q: What is the difference between a survival claim and a wrongful death claim?
A: A wrongful death claim compensates family members for their losses due to a loved one’s death, such as loss of companionship and financial support. A survival claim, however, seeks damages the deceased would have been entitled to recover had they survived, such as medical expenses and pain and suffering.
Q: If the deceased did not leave a will, does this matter?
A: No, it is not necessary that there be a will. If the deceased did not have a will, the court will appoint a representative, usually a close family member, to proceed with the wrongful death case.
Q: What evidence is needed to prove a wrongful death claim?
A: Essential evidence includes medical records, eyewitness accounts, police reports, and expert testimony to establish negligence and causation. Our team will gather and analyze these to build a strong case.
Q: How long does a wrongful death lawsuit take?
A: The timeline can vary based on case complexity and whether it goes to trial. Some cases settle within months, while others may take over a year. We will provide guidance on what to expect.
Q: Can multiple family members be involved in the lawsuit?
A: Yes. While the personal representative files the claim, the settlement can benefit multiple family members, such as spouses, children, and parents, based on dependency and relationships.
Q: How long do I have to file a wrongful death claim in Illinois?
A: Generally, you have two years from the date of death to file a wrongful death claim. It is essential to act promptly to preserve evidence and protect your rights.
Q: What types of damages can I recover in a wrongful death case?
A: You may recover economic damages (e.g., medical expenses, funeral costs), non-economic damages (e.g., emotional suffering, loss of companionship), and, in some cases, punitive damages.
Q: Who receives the proceeds from a wrongful death settlement?
A: Proceeds are distributed to the deceased’s surviving spouse and next of kin. A dependency hearing or family agreement may determine the distribution.
Q: Can I still file a claim if my loved one contributed to the accident?
A: Yes. Illinois follows a modified comparative negligence rule. As long as the deceased was not more than 50% at fault, you may still be entitled to compensation.
Contact the St. Charles Wrongful Death Attorneys at John J. Malm & Associates for a Free Consultation
If you have lost a loved one due to the negligence of another, you deserve justice and support. At John J. Malm & Associates, our team of local, experienced St. Charles wrongful death attorneys is here to guide you through this challenging time. Contact us today at 630-524-2323 for a free, confidential consultation.