Chicago Wrongful Death Attorney
Representing Grieving Families Throughout Illinois
If you lost a loved one in a serious accident, the first step toward a successful case is requesting the advice and assistance of an experienced Chicago wrongful death lawyer. At Power Rogers & Smith, L.L.P., our legal team understands the nuances of challenging wrongful death cases and is prepared to advocate for your rights with strength and confidence. Our main objective is to give our clients the representation and counsel that they deserve after a devastating loss.
Who Can File A Wrongful Death Claim?
- Surviving spouse
- Surviving child of the decedent
- Parents of the decedent
- Siblings of the decedent
- Adoptive parents or adopted child
In the event that there is no surviving spouse or next of kin, the damages from a wrongful death action could go toward benefiting the following:
- The individual or group that provided hospital services in connection with the decedent’s last illness or injury;
- The individual or group that provided medical services in connection with the decedent’s last illness or injury; or
- Personal representatives, such as those who administered the decedent’s estate.
If you lost your loved one, you can only file a wrongful death claim if it has been less than two years since the individual’s death AND the death resulted from wrongful actions, negligence, or other liability. Because there are time limits for filing a wrongful death action, you should contact one of our attorneys right away to ensure your rights are protected.
What Is The Statute of Limitations?
Per 740 ILCS 180/1, there is generally a two-year statute of limitations on wrongful death actions. While true in many cases, certain entities are entitled to statutory immunities. For example, a case against the Chicago Transit Authority (CTA) resulting in death would need to be brought within one year of the death. If you lost a loved one through negligence or wrongdoing and you are unsure if you still have time to file a wrongful death action, we encourage you to contact our Chicago wrongful death attorneys directly.
Why is there a statute of limitations?
The purpose of the statute of limitations as it refers to tort law is to facilitate a swift resolution to cases involving wrongdoing. The statute of limitations ensures two main things:
- That plaintiffs with valid cases pursue them with reasonable diligence
- That both parties do not lose valuable evidence (the more time passes, the more likely this becomes)
Having a statute of limitations in place actually benefits the plaintiff, because the sooner a case is investigated, the more reliable the evidence will be. Over time, documents get lost and people forget the details. For this reason, the sooner you contact an attorney about your wrongful death action, the better.
Arrange a free consultation with our team of Chicago wrongful death attorneys today at (312) 313-0202.
Elements of a Wrongful Death Claim
Once you determine that you have not exceeded the statute of limitations for filing a wrongful death claim, your attorney can begin to establish the following elements that every wrongful death claim must have:
- Duty of the defendant to the decedent
- Breach of that duty
- Breach proximately caused the death of the decedent
- Pecuniary damages resulted to next of kin, as defined by the Act
You may still have many unanswered questions as it pertains to wrongful death, so we encourage you to contact a Chicago wrongful death lawyer at our firm for the answers you need. We are available for free consultations, so call (312) 313-0202.
$4+ Billion Won In Verdicts & Settlements
If your family has lost a loved one in a case involving negligence, recklessness, or misconduct, you may be entitled to compensation. While this might be the furthest thing from your mind at this time, the fact remains that you could be looking at expenses and financial troubles. The best thing you can do to protect your future is to speak with experienced Chicago wrongful death lawyers who can provide the counsel and advice necessary to help you move forward, protect your rights, and care for your family in the midst of this difficult situation.
Our experience includes a broad range of wrongful death cases, including:
- Motorcycle accidents
- Car accidents
- Construction accidents
- Medical malpractice
- Truck accidents
- Aviation accidents
- Train accidents
- Product liability
- Premises liability
Should you choose to retain our law firm for your wrongful death claim, there is no fee unless we win, which alleviates the financial burden that stops many individuals from seeking the justice they deserve.
Schedule a free consultation with our legal team. Contact Power Rogers & Smith, L.L.P. today at (312) 313-0202.