Our Attorneys Have Been Assisting Clients in Chicago Wrongful Death Claims for Over 65 Years
Losing a loved one is always a painful experience. That pain is amplified when someone dies needlessly as a direct result of another person’s negligence or carelessness. If your loved one died in this way, then you may be entitled to compensation. It takes an experienced Illinois wrongful death lawyer to examine all aspects of your case, bringing about a fair settlement or a favorable resolution if your case goes to trial. This is precisely where the Phillips Law Offices can assist, as we have more than 65 years of collective experience handling wrongful death and personal injury cases.
How Do I Know if I Can Receive Compensation for a Wrongful Death Case?
If your loved one died as a direct result of another person’s careless actions or negligence, you may have a viable wrongful death claim. Generally, wrongful death cases are those that would have resulted in a personal injury claim if the individual had survived their injuries.
Survivors may recover damages for several types of wrongful death cases. Some examples include the following:
Motor vehicle accidents;
Workplace accidents; and
Construction site accidents.
Whether there is enough evidence to prove the death was the direct result of negligence depends on the specifics of the case. Our experienced Chicago wrongful death lawyers will evaluate all the evidence to determine whether and how to proceed. This may involve consulting medical experts, finding and interviewing witnesses, or working with other specialists to reconstruct the accident.
Legal FAQs: Who Can File for a Wrongful Death Lawsuit?
There are some limitations on who can file for wrongful death in Illinois. The case must be filed by a representative from the decedent’s estate. This typically must be a direct family member, including:
a parent or guardian of a surviving minor child;
a spouse; or
a parent of a deceased minor child.
If the decedent did not name a specific family member to serve as a representative for their estate then the court may appoint someone to fulfill this role.
How Much Can I Expect to Recover With a Wrongful Death Lawsuit?
Many factors come into play when determining the losses a family suffers after the death of a loved one. The financial contributions that the individual made to the home and family and any medical bills or other expenses associated with the death of the individual are one major component. So it’s typical for the courts to award compensation for all the money that person would have earned over their lifetime.
Courts may also award damages for the emotional suffering of the family. Translating these factors into concrete numbers is not easy. Our experienced team of Chicago personal injury lawyers work with a team of experts who can work to calculate these figures. Our goal is to help you get a fair settlement by taking all the relevant factors into consideration.
Legal FAQs: What Are the Differences Between Survival Action and Wrongful Death Compensation?
There is a very key difference between survival action compensation and wrongful death compensation. In the case of survival action, this covers losses that occur prior to death. So let’s say your loved one was hospitalized following an accident but those injuries ultimately proved fatal; this would fall under the realm of survival action.
Wrongful death lawsuits cover all losses that are sustained as a result of the death. So the loss of a family member’s income would fall under this umbrella.
Is a Jury Award or Settlement for a Wrongful Death Lawsuit Taxable?
According to the IRS, the government will not impose a tax on any lawsuit settlement or jury award that is handed down to compensate an individual for illness or injury. In the case of a wrongful death case, you have an individual who suffered serious illness or injury that ultimately resulted in their death. So compensation for medical bills and pain and suffering would typically be considered non-taxable.
Notably, though, some portions of the settlement or jury award may be punitive or intended to cover income that the decedent would have earned. This portion of the compensation may be considered taxable.
FAQs – How Do I Choose a Wrongful Death Attorney?
It is very important to act quickly when it comes to a wrongful death claim, but you should also take care to ensure you select an experienced lawyer who has many years of experience in the area of personal injury cases and wrongful death lawsuits.
In addition to selecting an attorney who deals in many wrongful death claims, you should also seek a lawyer who has many satisfied clients and a track record of securing fair, sizable settlements and judgments on behalf of their clients.
You also want to work with a wrongful death attorney who works with a team of top experts, including professionals who can provide expert medical testimony, accident reconstruction experts and financial experts who can help to determine important figures such as how much money your loved one would have earned if they had not passed away.
You can proceed with confidence when you choose the right lawyer — something that is very important because you only have one opportunity to resolve your legal claim. Once the matter is settled, you cannot go back to seek additional compensation in the future.
How Long Do I Have to File a Wrongful Death Lawsuit?
In most instances, the statute of limitations on wrongful death claims in Illinois is two years, meaning that your legal claim must be filed no more than two years after the death occurred.
There are important exceptions to this rule, so it’s important to discuss your case with a qualified attorney. Evidence can be lost over time, so it is important to consult our Chicago wrongful death lawyers at the Phillips Law Offices as soon as possible to discuss your case.
Contact the Phillips Law Offices in Chicago for a Free Consultation on Your Wrongful Death Case
When it comes to wrongful death claims, time is of the essence. The Chicago wrongful death lawyers of Phillips Law Offices offer quality legal counsel to clients who wish to file a claim. In fact, our strategic approach and our many years of collective experience have earned us as reputation as one of the most well-respected law firms in the midwest. For more information, call (312) 346-4262 or contact us online today to speak with a lawyer about your case in a free consultation session.
Steve came very highly recommended to me for representation in a wrongful death case. He was excellent to deal with, very helpful and professional. I would recommend Steve and his law office to any one in need of any type of legal representation.
We can’t say enough about Steve Phillips and everyone in his office!! His first priority was for our daughter and helping us make sure she had the best care. His second was for us, as parents, to help us be able to give her what she needed throughout her life. I will recommend Steve and his law office forever!!
I was given Mr. Phillips name by my new doctor (another very satisfied former client of his) after I told her that my case was turned down by 2 other VERY WELL KNOWN law firms because the case was too difficult and that no one would ever testify against the previous doctor who permanently injured me. I called, met with Mr. Phillips and some of his staff, and they were willing to handle the case. Through his and his firm’s hard work, we were able to recover a large sum. The money will never bring my health and condition back to where I was before the malpractice, but now at least I can afford to have live-in nursing care.
Mr. Phillips is #1 in my experience with a wrongful death auto accident case. He was compassionate, professional, patient and prompt in returning my calls to answer my questions in representing my family’s case. I would tell anyone who needs legal representation, that Mr. Phillips is TOP in his field to get the job done!!!!
I was in an auto accident. I received Mr. Phillips name from a friend of mine who is also a lawyer. He said that Mr. Phillips was one of the top lawyers in Chicago. I did some research on the internet and found out that everything my friend had said about him was true. Although my case was rather small compared to most of the cases that he normally handles, he treated me with the utmost respect. He was patient, listened to all my questions, provided answers and was very responsive whenever I called. I felt like I was a family member, the way he treated me. I was extremely pleased with the results of his work. I would HIGHLY recommend him to ANYONE who needs a personal injury lawyer!!!