Are you trying to cope with the sudden and unexpected death of a family member after a fatal accident in Lake County, IL? You may have the right to seek compensation for the financial impact of your loss, as well as the pain and suffering you’ve experienced. Our experienced Lake County wrongful death lawyers can help you fight for the financial justice you need and deserve.
For decades, Kass & Moses Personal Injury Lawyers has stood up on behalf of grieving families in Lake County and throughout the state of Illinois, taking on powerful corporations and winning life-changing monetary awards in the process. Since our founding, we’ve won more than $125 million in settlements and jury awards for clients like you.
Benefit from a team with 64+ years of experience by contacting our Lake County law office today at 847-513-9582. Your first consultation is free.
How Kass & Moses Personal Injury Lawyers Can Help Your Family After a Fatal Accident in Lake County, IL
Just because you have the right to pursue compensation for the wrongful death of a family member in Lake County, Illinois doesn’t mean the process will be easy. In fact, you should expect a lot of resistance from the at-fault party, their defense attorney, and the insurance company. They’ll do everything in their power to deny your claim and limit how much money you’re awarded for your loss if that’s not possible.
Hiring an experienced Lake County personal injury attorney can protect you from these tactics and put you in a position to recover a top-dollar financial award.
Families in Lake County choose Kass & Moses Personal Injury Lawyers because we’re honest, compassionate, experienced legal advocates with a multi-million dollar track record of success. We’re not afraid to take on hospitals, motorists, employers, manufacturers, property owners, insurance companies, and government agencies in pursuit of financial justice for the families we represent.
You need time to grieve, so our award-winning Illinois trial attorneys will handle all aspects of your Lake County wrongful death case on your behalf:
- Coordinate a thorough independent investigation into your family member’s death
- Evaluate evidence we’ve gathered during the discovery process, such as medical records, witness statements, property damage, and accident reports
- Hire expert witnesses to collaborate with our attorneys throughout the claims process
- Calculate what your wrongful death claim is worth
- File your claim with the local Lake County court clerk and/or the at-fault party’s insurance company
- Offer insight, support, and legal advice when you’re asked to make decisions about resolving your legal claim for damages
- Pursue a maximum settlement during negotiations with the defense
- Take your wrongful death lawsuit to trial, if necessary
Kass & Moses Personal Injury Lawyers is here to support you in any way possible in the wake of your loss. That’s why our Lake County wrongful death attorneys will handle your case on a contingency fee basis.
You pay nothing unless we successfully recover compensation for your wrongful death case.
We offer prospective clients a free consultation, so contact our law office today.
What is Wrongful Death?
The Illinois Wrongful Death Act defines a wrongful death as a death “caused by wrongful act, neglect or default” that would have “entitled the party injured to maintain an action and recover damages” if they’d survived.
In the wake of a wrongful death, the right to file a personal injury lawsuit for damages isn’t lost. Rather, it shifts to another party. This helps to ensure that the at-fault party is held accountable for their actions and, in many cases, discouraged from engaging in the same harmful behavior in the future.
Who Can File a Wrongful Death Claim in Illinois?
In the state of Illinois, a wrongful death claim must be initiated by the decedent’s personal representative.
The personal representative is either:
- A close friend or family member named by the decedent in their will, OR
- Appointed by a Lake County judge
The wrongful death claim itself is filed for the “exclusive benefit” of the decedent’s surviving spouse, child(ren), parent(s), and/or other next of kin. Other next of kin are limited to family members who can prove they were financially dependent on the victim.
We Represent Families in All Types of Wrongful Death Claims
Wrongful deaths can arise whenever an act of negligence or act of violence is fatal.
We have experience helping families navigate wrongful death claims related to:
- Car accidents
- Truck accidents
- Bus accidents
- Motorcycle accidents
- Uber and Lyft accidents
- Bicycle accidents
- Pedestrian accidents
- Mass transit accidents
- Medical malpractice
- Nursing home abuse
- Defective products
- Premises liability
- Slip and fall accidents
- Dog bites
- Construction accidents
- Workplace accidents
- Assault
- Sexual assault
If you’ve suffered the death of a family member in an avoidable accident in Lake County, contact our personal injury law firm to discuss your legal rights and discover how we might be able to help you demand the financial accountability your family needs. There’s no charge for an initial case review, so call our Lake County law office today.
What Types of Damages Can My Family Recover With a Lake County Wrongful Death Lawsuit?
While some states have very strict limits on the types of damages that can be awarded in wrongful death cases, Illinois allows families to seek compensation that’s “fair and just.”
Fair and just damages can include economic awards for financial stresses related to a person’s death, as well as harder-to-value non-economic losses experienced by the family in the wake of a tragedy.
Our wrongful death attorneys in Lake County, IL, can help your family seek compensation for:
- Lost wages, income, benefits, and financial support
- Loss of consortium
- Loss of household support and services
- Loss of parental guidance and instruction
- Funeral expenses
- Pain and suffering
- Emotional distress
Punitive damages can also be awarded if your family member’s death was the result of the defendant’s gross negligence or intentionally harmful actions. However, these are only available at trial based on clear and convincing evidence.
Additional compensation can potentially be recovered through a separate survival action, which the decedent’s personal representative would also file. A survival action may be appropriate if, after sustaining an injury, your spouse, parent, or child survived for some time. The survival action could seek damages to compensate your family member for the pain and suffering they experienced, as well as any economic damages they might have incurred before their death – such as medical bills or lost income.
Can Shared Fault Affect an Illinois Wrongful Death Settlement?
Yes. Illinois follows a modified comparative negligence system with a 51 percent bar to recovery. This system applies to most personal injury cases, including wrongful death claims.
As a result, your ability to recover compensation through a wrongful death lawsuit can be limited (or barred entirely) if your family member’s negligence was a factor in their death.
Damages are unavailable if the decedent’s shared fault is equal to or greater than 51 percent. So, if your spouse was primarily at fault for a recent motorcycle accident in which they died, you won’t be entitled to receive compensation from another liable party.
Your family can recover a reduced monetary award if the decedent’s shared responsibility was less than 51 percent. For instance, you could expect to recover 80 percent of the value of your wrongful death claim if your spouse was assigned 20 percent of the blame for the car accident that caused their death.
Our Lake County wrongful death attorneys will be prepared to dispute allegations of shared fault and help your family fight for a maximum monetary recovery.
Is There a Statute of Limitations on Wrongful Death Lawsuits in Illinois?
It’ll be important to take prompt legal action after a fatal accident in Lake County. Illinois imposes a strict two-year statute of limitations on wrongful death claims.
The two-year window doesn’t begin to run until a person’s death.
You will lose the ability to demand accountability and justice for your loss if your wrongful death claim isn’t filed on time. Don’t let that happen. Call Kass & Moses Personal Injury Lawyers for assistance as soon as you can.
Schedule a Free Consultation With an Experienced Lake County Wrongful Death Lawyer
You’re going through a difficult time but shouldn’t be expected to go through it alone. Someone else’s carelessness has caused you tremendous pain and grief. Kass & Moses Personal Injury Lawyers wants to help you take a stand and fight to get justice for your devastating loss.
Our Lake County wrongful death lawyers have over 64 years of experience litigating complex civil disputes. As award-winning trial lawyers, we’ve taken on powerful corporations and forced them to pay our clients well over $125 million in damages.
We’re ready to demand the case results your family deserves in the wake of a tragedy, too. Contact our law office in Lake County to learn more. Your first case review is free.
