Compassionate Spring Valley Wrongful Death Attorney
Experiencing the tragic loss of a loved one is an incredibly challenging and heart-wrenching experience, especially when it could have been prevented. Mark Wilson, a respected attorney specializing in wrongful death cases in Spring Valley, IL, is here to provide you with the support you need to seek justice and fair compensation.
With our expertise and compassionate approach, we will guide you through the legal process, ensuring that your claim is handled with skill and care. We believe that during this difficult time, you deserve timely answers and empathetic legal advice.
Pursuing Justice for Your Loved One Through a Wrongful Death Lawsuit
A wrongful death lawsuit in Illinois involves pursuing a legal claim against an individual or entity who causes or contributes to the death of a person due to negligence. According to the Illinois Department of Public Health, common factors leading to wrongful deaths in Spring Valley, IL, are car crashes, product liability, animal assaults, medical negligence, and workplace incidents.
By filing a wrongful death lawsuit, individuals have the chance to seek both financial compensation and emotional closure after the passing of a loved one.Those eligible to file a claim include the deceased’s spouse, children, or parents.
Exploring Wrongful Death Laws in Illinois
In Illinois, there are two distinct legislations that deal with wrongful death cases: The Illinois Wrongful Death Act and the Illinois Survival Act.
- The Illinois Wrongful Death Act enables individuals to seek monetary compensation to address the financial consequences resulting from the loss of their loved one. For instance, the passing of a spouse may lead to financial difficulties for the surviving family members.
- The Illinois Survival Act covers economic and non-economic damages, including emotional trauma, pain, and suffering endured by the deceased prior to their passing.
Initiating a Lawsuit for Wrongful Death
For a successful resolution in a wrongful death claim, Wilson Law Office’s legal experts focus on four critical elements:
- Duty of Care: They must first show that the defendant was obligated to act with reasonable care to avoid causing harm.
- Breach of Duty: Next, evidence is needed that the defendant failed in this obligation, such as a drunk driver causing a deadly accident.
- Causation: It’s essential to prove a direct connection between the defendant’s actions and the wrongful death, indicating that the incident was a direct result of the breach of duty.
- Damages: Finally, the legal team needs to detail the losses stemming from the wrongful death, including both tangible (like medical bills incurred before death) and intangible (such as the emotional distress of the deceased) damages.
Navigating the Process of Filing a Wrongful Death Lawsuit
At Wilson Law Office, our committed team will manage the submission of your wrongful death lawsuit for you. Often, a personal representative is designated either via the will of the deceased or by the local probate court in Spring Valley, IL.
The lawsuit will address the harm caused by the responsible party and the specific compensation you are seeking. In a wrongful death claim, you can seek various types of damages. These include loss of earnings, medical expenses, pain and suffering, loss of inheritance, loss of care, companionship, and support, as well as funeral and burial costs. It is also possible to claim funeral expenses separately.
Economic losses, like medical bills, require proof. Illinois courts use various methods to calculate non-economic losses, such as a daily rate or multiplier, to determine fair compensation.
Time Limits and the Statute of Limitations
The time frame for submitting a wrongful death claim differs across states. In Spring Valley, IL, claims are generally required to be filed within two years from the date of the decedent’s passing.
Nevertheless, there are exceptions, for instance, a provision that permits a minor to initiate a lawsuit within two years after reaching the age of 18 (but before reaching the age of 20). It’s crucial to be aware that claims against a government entity in Illinois need to be lodged within a one-year period.
How Long Does it Take to Settle a Wrongful Death Lawsuit?
The timeline for resolving wrongful death lawsuits can differ widely, usually spanning from one to four years to conclude. Yet, each situation is different, and certain cases may achieve a settlement or judgment in just a few months. The duration is influenced by the complexity of the evidence and the parties engaged in the lawsuit.
At Wilson Law Office, our main objective is to ensure that our clients receive full compensation for their losses. We are dedicated to thoroughly understanding the circumstances surrounding the loss and how it has impacted the lives of our clients before considering any settlement.
Contact Wilson Law Office for Trusted Legal Representation in Spring Valley, IL
If you are currently facing the consequences of a wrongful death or personal injury due to someone else’s negligence, we encourage you to reach out to our law firm. Our compassionate team is prepared to provide the necessary legal representation and support during this challenging time.
Take the first step by scheduling a free initial consultation to discuss your situation, allowing us to guide you through the complexities of the legal system. Our commitment is to serve you with professionalism and unwavering dedication.
Contact Attorney Mark M. Wilson, your Spring Valley wrongful death lawyer, to determine if we are the right fit for your legal needs. We are eager to understand your unique circumstances and offer the personalized legal guidance you deserve.
Begin your journey towards justice by arranging a complimentary case evaluation today.