If you have lost a loved one due to the negligence or actions of others, contact Zimmerman Law Offices in Chicago, Illinois, about filing a wrongful death claim. Pursuing a claim against those responsible for a tragic loss helps grieving surviving family members recover economic losses and other damages. Legal action may also help prevent the same situation from happening to someone else.
Contact our law firm to schedule a free consultation. When you need legal support after losing a loved one, our Chicago wrongful death lawyers are here for you.
What Is Wrongful Death?
A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional act of another party. In Illinois, this can include medical malpractice, nursing home neglect, car accidents, workplace incidents, and more.
Families often turn to a wrongful death lawyer to pursue justice and financial compensation for the harm caused. At its core, a wrongful death claim is about holding responsible parties accountable and ensuring loved ones aren’t left with overwhelming financial burdens.
Common Types of Wrongful Death Cases
Families seek help from our Chicago wrongful death attorneys after many different kinds of tragedies. Some of the most common cases include:
- Motor vehicle accidents, such as DUI-related crashes and truck accidents
- Medical malpractice, such as failure to diagnose, surgical errors, or medication mistakes
- Nursing home neglect or abuse, such as inadequate care or dangerous conditions in long-term care facilities
- Workplace accidents, like construction site injuries and accidents caused by unsafe work environments
- Defective products, such as dangerous consumer goods, medical devices, or automotive parts
Recognizing these common causes of wrongful death can help families know when they may need to contact a lawyer.
Who Can File a Wrongful Death Claim in Illinois?
Under Illinois law, wrongful death claims must be filed by the personal representative of the deceased person’s estate. This individual is usually named in the will. However, if no representative was appointed or the decedent died without a will, the court may assign one. The representative files the case on behalf of the surviving family members who suffered losses.
Those who may benefit from a claim include:
- Surviving spouse
- Children, including adopted children
- Parents of a minor child
- Dependents who relied on the deceased for support
Our experienced wrongful death attorneys in Chicago help families understand their rights and guide them through the filing process.
Types of Wrongful Death Compensation
Every wrongful death case is unique, but compensation is generally meant to cover both financial losses and emotional harm. When you work with a wrongful death lawyer in Chicago, you may recover damages for:
- Medical expenses incurred before death
- Funeral and burial expenses
- Lost income and financial support
- Loss of inheritance
- Loss of services
- Loss of companionship
- Emotional pain and suffering
- Loss of parental guidance for minor children
In some cases, punitive damages may also be awarded if the wrongful conduct was especially egregious. These damages aim to penalize the offender and deter similar behavior in the future.
How To Prove Wrongful Death
Successfully pursuing a wrongful death claim requires strong evidence and a clear legal strategy. A lawyer will aim to prove a case by showing the following factors were present:
1. Duty of Care: The defendant had a legal obligation to act with reasonable care to avoid causing foreseeable harm to the deceased.
2. Breach of Duty: The defendant failed to uphold that duty through negligence, recklessness, or intentional misconduct.
3. Causation: The breach of duty directly caused the victim’s death.
4. Damages: Surviving family members suffered measurable losses (financial and/or emotional) as a result.
Gathering medical records, accident reports, witness testimony, and expert analysis is crucial to each case. Zimmerman Law Offices has the resources and experience to build strong cases and fight for justice on your behalf.
It is standard practice to send a pathologist (medical doctor) to the funeral home or hospital of your loved one with your consent. The doctor will perform an autopsy to determine the cause of death, and our firm will use that information to help build your case.
More Than $600 Million in Verdicts & Settlements
Our Chicago wrongful death attorneys are highly successful personal injury lawyers representing clients in Cook County, DuPage County, Lake County, and throughout Illinois. Our verdicts and settlements total more than $600 million.
Zimmerman Law Offices has obtained many substantial wrongful death settlement awards in a variety of cases, such as:
- Fatal car crash (van rollover) leading to the death of a child
- Failure to diagnose chest pain, leading to a fatal heart attack
- Failure to diagnose and treat fetal distress, resulting in stillbirth
- Death due to nursing home neglect
- Negligent performance of cancer surgery and failure to diagnose the cancer’s recurrence, leading to death
- Negligent administration of a narcotic, causing death
- Negligent abdominal surgery, leading to death
Our attorneys have the skills and legal knowledge to represent you during this difficult time. If you’re looking for a lawyer after the wrongful death of a loved one, contact us now.
Free Case Evaluation: Toll-Free 1-877-440-0020
If you’ve lost a loved one due to an auto accident, medical negligence, or other cause, contact our Chicago wrongful death attorneys for a free consultation. All personal injury and wrongful death claims are taken on a contingency fee basis. This means you don’t pay any attorney’s fees unless Zimmerman Law Offices, P.C. recovers monetary damages.
Results
Wrongful Death from Failure to Diagnose Angina
$2.2 million recovery for the family of a 36-year-old man arising out of a primary care physician’s failure to diagnose angina. The patient told his doctor he was having pain in his arm and shoulder. The doctor wrongly diagnosed it as a musculoskeletal problem, and he did not perform a cardiac examination or order any diagnostic tests.
The man had a heart attack and died days later. We retained a handwriting expert who determined that the doctor altered his medical records after the patient died by writing in the records that he performed a cardiac examination on the patient, including fictitious results, intending to show that the concocted cardiac examination was normal.
