Kane County Wrongful Death Lawyers

Attorneys Helping Clients Pursue Wrongful Death Actions in South Elgin, IL

The unexpected loss of a loved one can be difficult to face. The family of the deceased may experience grief, sorrow, and other emotional issues as they deal with their loss. However, they may also experience financial uncertainty and ongoing difficulties because of the loss of the income the deceased earned. When a death has been caused by negligence, willful actions, or a lack of action, a family may be eligible for financial compensation through a wrongful death lawsuit.

Wrongful death cases are similar to personal injury claims, and they will seek compensation for damages related to a person's death. A suit will be brought by the surviving spouse or family members of the deceased. They may take steps to ensure that the person or organization responsible for the death will be held responsible for the resulting damages.

Families will need to understand how they can obtain the maximum compensation possible for the loss of a loved one through a settlement or verdict in a wrongful death lawsuit. The attorneys at Ariano Hardy Ritt Richmond Lytle & Goettel P.C. can provide compassionate assistance in these cases. We have over 35 years of experience representing families in Kane County and throughout Northern Illinois. We can help our clients achieve justice for the losses they have suffered and make sure they will be able to move forward with their lives.

Illinois Wrongful Death Act

The Illinois Wrongful Death Act states that when a person's passing is caused by neglect or an otherwise wrongful act, the personal representative of the deceased (the surviving spouse, next of kin, etc.) can take legal action to obtain monetary and emotional damages. Wrongful death claims may address situations where, if death had not occurred, the victim would have been entitled to take action against the responsible party through a personal injury claim. A jury may determine a fair amount of damages in these matters.

Contributory Negligence/Fault and Statute of Limitations

In Illinois, wrongful death actions must be brought within two years after a person's death. However, an exception exists under Public Act 99-0587, which is also known as "Molly's Law." This law allows for a five-year statute of limitations in situations where a person's death was the result of violence or conduct that was intentional.

Recoverable Damages in Illinois Wrongful Death Cases

When a spouse or next of kin pursues a wrongful death claim, the damages that they may recover will depend on the specific losses that occurred and the circumstances surrounding the death. Compensation in these cases may address:

• Medical and Funeral Expenses: The costs of medical care provided before a person died may be covered in a claim. A family may also receive compensation for the costs related to a person's funeral and memorial services and their burial or cremation.
• Loss of Income, Future Earnings, and Benefits: A family may be compensated for the income and financial resources that the deceased person would have provided. Compensation may address the income they would have earned throughout the rest of their career and benefits they would have provided for their family.
• Pain and Suffering: The trauma the victim suffered prior to their death may be addressed in the compensation paid by the person or party who was responsible.
• Loss of Companionship or Care: Family members may be compensated for the unexpected loss of a relationship with the deceased person. This compensation may address the loss of a marital relationship with a spouse or the loss of guidance, care, and instruction a parent would have provided for their children.
• Emotional Trauma: Compensation may address the grief experienced by family members and other emotional issues that have occurred because of a loved one's death.
• Punitive Damages: In a case involving egregious misconduct or intentional actions that led to someone's death, additional damages may be awarded as punishment and to help prevent others from acting in a similar manner.

Contact Our South Elgin Wrongful Death Lawyers

The attorneys at Ariano Hardy Ritt Richmond Lytle & Goettel P.C. can work to hold people or organizations financially responsible for actions or inactions that led to a loved one's passing. We fight to obtain rightful compensation for families so that they can move on as they deal with their losses. We work on a contingency basis, meaning clients do not pay our firm until we win their cases, and we provide free consultations. Contact our Kane County wrongful death claim attorneys today at 847-695-2400.