Wrongful Death Lawyer in Carbondale, IL
Offices in Marion, Carbondale, Benton, Harrisburg & Metropolis
Compassionate Legal Support After the Loss of a Loved One
Losing a family member is indescribably painful. When that loss is the result of someone else’s negligence or intentional actions, that pain is only compounded.
If you’re facing this wrenching situation, a southern Illinois wrongful death lawyer may be able to help you recover compensation. Nothing can bring back your cherished family member, but compassionate legal support after the loss of a loved one can help ease the burden of grief.
If you’re looking for a wrongful death lawyer in Carbondale, IL, Lawler Lawler Injury Law is here for you. We’re part of the Carbondale community, and we’re ready to use our knowledge and experience to help you. Contact us to get started with a free consultation today.
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What Is a Wrongful Death Claim?
The definition of “wrongful death” is broader than many realize. In Illinois, a wrongful death happens when the following apply:
- Someone’s wrongful actions (or failure to act) cause someone else’s death
- The deceased could have filed a personal injury lawsuit if they had survived
“Wrongful actions” can refer to negligence or deliberate wrongdoing. For instance, you could file a wrongful death lawsuit if a distracted driver killed your loved one. You could also do so if your loved one was murdered.
Wrongful death actions in Illinois are often filed alongside claims called “survival actions.” While the two are similar, a wrongful death claim and a survival action are not the same. Wrongful death claims compensate surviving family members for their losses. On the other hand, survival actions pay for damages the decedent suffered up until death.
In many cases, family members will file both a wrongful death lawsuit and a survival action after the same death. Wrongful death claims recover damages starting at the moment of the deceased’s death, and survival actions recover damages leading up to the death.
Here’s an example. Imagine your spouse is hit by a drunk driver. They spend weeks in the ICU before succumbing to their injuries.
To recover compensation for medical bills and the suffering your spouse experienced, you would need to file a survival action. To be compensated for loss of companionship, loss of financial support, and funeral expenses, you would need to file a wrongful death lawsuit.
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Common Causes of Wrongful Death in Illinois
When most people think about wrongful death cases, they imagine deaths due to negligence. Many of these cases involve negligent defendants, but not all do. Some of the most common causes of wrongful death include:
- Motor vehicle accidents
- Medical negligence
- Defective products
- Workplace injuries
- Nursing home neglect or abuse
- Violent crimes
While all of these situations can lead to a wrongful death lawsuit, each one requires a unique strategy. When choosing a wrongful death lawyer in Carbondale, IL, find an attorney experienced with your particular situation.
Who Can Sue for Wrongful Death in Illinois?
In Illinois, the person filing a wrongful death lawsuit and the person recovering damages may not be the same. The Illinois Wrongful Death Act stipulates that the personal representative of the deceased’s estate is the only person authorized to file a lawsuit.
The personal representative of an estate may sometimes be referred to as an “executor” or “administrator.” If your loved one died with a will, it should name a personal representative. If they died without a will, the court will select an administrator.
While the personal representative is the only person authorized to file a lawsuit, only the deceased’s surviving spouse and next of kin may recover damages.
The Illinois Probate Act outlines who qualifies as next of kin, but generally, the decedent’s next of kin are surviving relatives who can prove that they were financially dependent on the deceased person.
In most cases, surviving spouses, parents, and direct descendants (like children and grandchildren) of the deceased receive priority.
If multiple relatives depended on your loved one, it can be challenging to determine how any damages recovered will be distributed. A wrongful death lawyer in Carbondale, IL, can review your case and explain who may be entitled to compensation.
Compensation Available for Injury Victims
Working with a skilled Illinois slip and fall lawyer from Lawler Lawler Injury Law is the most effective way of ensuring you are seeking all of the damages to which you are entitled. As the victim of a slip and fall or other premises liability accident in Illinois, you may have the right to seek compensation for certain losses. These losses can include:
- Your medical bills, including the costs of an ambulance and hospital stays
- The time you missed from work
- Any reduction in your earning potential due to permanent injuries or disabilities
- Mental and emotional injuries like depression and the loss of quality of life
Learn more about your rights and our services by requesting your free case consultation with Lawler Lawler Injury Law today.
Damages You May Be Entitled To
There are many types of damages you might be able to collect in a wrongful death case, including:
- Burial/funeral expenses
- Medical bills related to the injury
- Loss of income and financial support
- Loss of other benefits (like health insurance through the decedent’s job)
- Loss of love, guidance, and companionship
- Your emotional pain and suffering as a result of your loved one’s death
It can be challenging to put a dollar value on some of these losses. However, our team has decades of experience with cases like yours. We can discuss your situation with you and give you an idea of the compensation you may be able to recover.
Why Choose Lawler Lawler Injury Law?
We understand that if you’re looking for a wrongful death lawyer, you have many options. These are a few reasons to consider our firm:
- We have decades of experience with wrongful death cases
- Our track record speaks for itself
- We’re part of your local community
- We’re committed to compassionate, customized representation
- We have countless satisfied clients
Are you still unsure if we’re right for you? Get in touch to schedule your free consultation now.
Statute of Limitations in Illinois
In Illinois, the statute of limitations for wrongful death cases depends on the cause of the death. In most cases, you have two years from the date of the death to take legal action.
However, state law extends the statute of limitations to five years if the death was the result of deliberate violence. The wrongful death lawsuit must be filed within a year of the criminal case’s conclusion if the defendant was charged with one of these crimes:
- First-degree murder
- Second-degree murder
- Involuntary manslaughter or reckless homicide
- Intentional homicide of an unborn child
- Voluntary manslaughter of an unborn child
- Involuntary manslaughter or reckless homicide of an unborn child
There’s a lot at stake in a wrongful death lawsuit, and it takes time to build a strong case. If you’re considering legal action, it’s best to consult with a wrongful death attorney sooner rather than later.
Our Process: What to Expect When You Work With Us
We strive to recover fair settlements for our clients, but that’s not all we do. When you choose us, we’ll support you through every step of the lawsuit process, including:
- Your initial consultation
- Investigating your case and gathering evidence
- Consulting expert witnesses to strengthen your case
- Filing a lawsuit on your behalf
- Negotiating a settlement
- Representing you in court if needed
We are skilled negotiators, and most of our cases settle out of court. However, we have decades of courtroom experience we can put to work for you if needed!
Speak With a Wrongful Death Lawyer in Carbondale, IL, Today
We understand that after the loss of a loved one, it can feel almost impossible to do anything besides just getting through the day. However, working with a southern Illinois wrongful death attorney can be a way to hold responsible parties accountable and give your family financial security as you grieve.
When you work with Lawler Lawler Injury Law, you take on no financial risk. We offer free, no-obligation consultations, and if we agree to take your case, you pay nothing up front. If we get you compensation, you agree to pay us a percentage of it. If we don’t, you pay nothing.
If you have lost a member of your family, we want you to know you aren’t alone. Contact us online or call us at [placeholder for Carbondale phone number] for a free consultation with a wrongful death lawyer in Carbondale, IL.
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Frequently Asked Questions
In Illinois, a wrongful death is one that happens as a result of another person’s negligence, misconduct, or intentional actions. The deceased person must have had grounds to sue for the injury if they had lived.
To win a wrongful death case, you must be able to prove that the defendant’s wrongful actions directly led to your loved one’s death. You also must be able to prove that your family suffered some kind of financial loss (like funeral/burial costs or loss of support).
In Illinois, only the decedent’s personal representative may file the lawsuit itself, and only the decedent’s next of kin may recover damages from the lawsuit.
Illinois probate law sets strict criteria for who can be considered next of kin. However, surviving spouses and close relatives who were financially dependent on the deceased generally take priority.
In most cases, you have two years from the date of death to file a lawsuit. However, state law extends the statute of limitations for deaths due to deliberate violence. In this case, you have either five years from the date of death or a year after the conclusion of the criminal case.
If the person responsible for your loved one’s death is convicted of a crime as a result, it may increase your chances of winning your case.
If your case is successful, you may recover a variety of benefits. You could be reimbursed for the cost of your loved one’s burial and funeral. You may recover compensation for economic losses (like the loss of financial support and benefits like health insurance).
Wrongful death cases also allow you to recover compensation for non-economic losses like emotional pain and loss of companionship, love, and guidance.
Most wrongful death lawyers, including our team at Lawler Lawler Injury Law, work on contingency. That means we don’t charge anything up front. If we win your case, you agree to pay us a certain percentage of the compensation you receive. If we are unable to recover compensation for you, you pay nothing.
If the car accident was caused by another person’s negligence, you can likely file a lawsuit. However, if your loved one was partially at fault, your compensation could be reduced because Illinois follows what’s known as a modified comparative negligence standard.
If your loved one was less than 50% at fault, your compensation will be reduced by their proportion of fault. If they were 50% or more at fault, you will be barred from recovering compensation.
In any wrongful death case, you and your attorney will need to convincingly prove that the death was wrongful. To do this, you must prove four separate elements — a death occurred, the defendant was negligent or acted maliciously, the death was a direct consequence of the defendant’s actions, and the death resulted in losses for your family.
The exact evidence needed depends on the specifics of your case. Wrongful death attorneys commonly use medical records, death certificates, expert witness testimony, and accident reports.
The standard of proof is stricter for criminal cases than for civil cases. In a criminal case, a prosecutor must prove the defendant’s guilt beyond a reasonable doubt. In a civil case, only a preponderance of evidence is needed.
If the responsible party is convicted of a crime, your wrongful death case will likely be easier to win. For this reason, Illinois law extends the statute of limitations if the person who caused the death has been charged with a crime.
In Illinois, multiple family members may be compensated after a wrongful death case. The court will usually consult Illinois probate laws and consider how dependent each family member was on the deceased.
For instance, imagine someone left behind two adult children. They fully supported one and offered periodic support to the other. The dependent child would likely receive a larger share of the compensation.
Some family members expect that compensation from a wrongful death claim will be split equally between them. In some cases, this might be true.
However, the court is more likely to divide compensation according to each family member’s level of dependency on the deceased. Your Carbondale wrongful death attorney can help you understand how much compensation each family member might be able to receive.