The financial and emotional impact of wrongful death: How to seek compensation in Chicago
Wrongful Death - September 19, 2024 by Horwitz, Horwitz & Associates
Losing a loved one is a deeply traumatic experience, but when someone else’s negligence or wrongdoing causes that loss, the emotional and financial toll can be even more overwhelming. Wrongful death cases often leave families facing enormous grief while also grappling with financial instability.
At Horwitz, Horwitz & Associates, our Chicago wrongful death lawyers understand how devastating this situation can be, and we are dedicated to helping families ease the burden and hold responsible parties accountable. Call (800) 985-1819 today to schedule your free consultation.
What is a wrongful death claim?
A wrongful death claim arises when the negligent or intentional actions of another party cause a person’s death. In Illinois, wrongful death lawsuits are governed by the Illinois Wrongful Death Act, which allows surviving family members to seek compensation for the loss of a loved one. These claims are typically brought by the deceased person’s spouse, children, or next of kin, with the intent of recovering damages to help the family rebuild after their tragic loss.
The emotional impact of wrongful death
Losing a loved one to wrongful death brings profound grief and emotional trauma, often leading to feelings of shock, anger, and sadness. The loss of companionship and guidance leaves a lasting void, especially for spouses and children. Families may experience depression, anxiety, or PTSD.
While seeking wrongful death compensation can provide some closure, emotional healing often requires additional support. Counseling, grief therapy, and support groups are crucial during this time.
The financial impact of wrongful death
Beyond the emotional devastation, wrongful death often brings unexpected financial burdens. From funeral expenses to losing a breadwinner’s income, families are frequently left struggling to make ends meet.
Medical bills and funeral expenses
In many wrongful death cases, the deceased may have undergone extensive medical treatment before passing away. The costs associated with hospital stays, emergency care, surgeries, and medications can be overwhelming. On top of that, funeral and burial expenses can add additional strain during an already difficult time.
Loss of income and financial stability
One of the most significant financial impacts of wrongful death is the loss of income provided by the deceased. For families that depend on the earnings of their loved ones, the sudden loss of financial support can be devastating. This is particularly challenging for surviving spouses and children who may face long-term financial insecurity.
In wrongful death cases, compensation may include recovery for the loss of future income, ensuring that families can maintain their financial stability despite their loss.
Loss of benefits
In addition to income, families often lose other benefits the deceased provides, such as health insurance, retirement benefits, and pensions. Compensation can also be sought to replace these benefits.
How to seek wrongful death compensation in Chicago
If you’ve lost a loved one due to negligence, pursuing a wrongful death compensation claim is essential to hold the responsible party accountable and secure financial support. Here’s how the process works in Chicago.
1. Determine eligibility to file a claim
In Illinois, wrongful death lawsuits are typically filed by the personal representative of the deceased’s estate, often a spouse, parent, or adult child. If no representative is named, the court may appoint one.
2. Prove negligence or wrongdoing
To win a wrongful death case, you must show that the defendant’s negligent or wrongful actions caused the death, such as reckless driving, medical malpractice, or defective products. At Horwitz, Horwitz & Associates, we gather evidence like police reports, witness statements, and expert testimony to build a strong case.
3. Calculate damages
Wrongful death damages may include medical expenses, funeral costs, loss of income, companionship, emotional distress, and loss of benefits. We work with financial experts to assess the full scope of your losses.
4. File a wrongful death lawsuit
In Illinois, you must file a wrongful death claim within two years of the death. Missing this deadline can forfeit your right to compensation.
5. Negotiation and litigation
Most cases are settled through negotiations, but if a fair settlement isn’t reached, we are prepared to take your case to trial. At Horwitz, Horwitz & Associates, we are experienced in both settlement and litigation to get you the compensation you deserve.
You’re not alone; let us help you recover.
Pursuing wrongful death compensation is not only about easing the financial burden but also about seeking justice for your loved one and holding the responsible parties accountable.
At Horwitz, Horwitz & Associates, we are committed to helping Chicago families through this challenging time. Our compassionate and experienced wrongful death attorneys will guide you through the legal process, working tirelessly to secure the compensation you deserve. If you have lost a loved one and need help, contact us for a free consultation.