The impact of losing a loved one is profound, bringing grief and pain to your household that can feel impossible to manage at times. When your loved one’s death can be attributed to another person’s negligence, the aftermath can be devastating.
Emotional turmoil is not the only concern that takes a toll on one’s well-being. A wrongful death can cause financial problems and legal matters, among others, that need to be addressed – all while dealing with the death of a family member or friend.
In the state of Illinois, the law recognizes two types of legal claims that can arise from a death caused by a negligent party: Wrongful death claims and survival claims. These legal options fall under the Illinois Survival Act and the Illinois Wrongful Death Act. Understanding your options can help guide your next steps in seeking justice for your loved one.
The primary difference between these two laws lies in the damages they address. The Illinois Survival Act focuses on “pre-death” damages, which can include medical expenses, lost wages, and property damage incurred during an incident causing death, as well as pain and suffering. The Illinois Wrongful Death Act helps to recover “post-death” losses, such as loss of financial support, loss of companionship, and grief support.
With Spiros Law, you can leave the complexities of the legal process to our team of wrongful death attorneys. Our lawyers will guide your family through these challenges so you can face every step with confidence.
Key Aspects of a Wrongful Death Case
A wrongful death claim is a legal action brought forth by surviving family members or the next of kin who have suffered personal losses as a result of losing their family member, such as their spouse, children, or parents.
Types of Recoverable Damages:
- Emotional and mental suffering: Compensation for emotional distress endured, such as grief or depression experienced by surviving family members.
- Loss of companionship: Reimbursement for the emotional void, loss of comfort, and/or meaningful connection from losing their relationship with the deceased.
- Loss of financial support: Damages for the loss of income and benefits the decedent previously provided.
- Funeral costs: Reimbursement for the expenses associated with funeral services and burial.
A wrongful death case can arise from various circumstances, including medical malpractice, an auto collision, or nursing home neglect, for example.
Key Aspects of The Illinois Survival Act
The Illinois Survival Act gives the deceased a voice after a wrongful death. The law allows the surviving family members or next of kin to pursue legal action and recover financial compensation the deceased person could have received if they had lived.
Types of Recoverable Damages:
- Medical expenses: Any medical-related costs incurred for treatment before their passing.
- Lost wages: Income the deceased would have earned during recovery.
- Pain and suffering: Compensation for physical and emotional distress endured by the deceased person.
While it may seem like you have to choose between the two claims when seeking justice for your family member, they are not mutually exclusive. Our team at Spiros Law can help you file two separate claims to ensure your family member gets the justice they deserve, which often comes in the form of financial compensation.
Choose Spiros Law: Compassionate and Client-Focused
We’re dedicated to providing legal services that are both compassionate and client-focused. Our team is committed to delivering high-quality service and upholding ethical conduct to our clients in Danville, Kankakee, Champaign, and throughout central Illinois.
Personalized Attention
Our team believes in building strong client relationships. Whether you’re navigating the aftermath of an auto collision or pursuing a complex medical malpractice claim, our personal injury attorneys take a hands-on approach. Our lawyers always work directly with clients, providing open communication and prompt responses to calls, questions, and concerns.
Tailored Legal Strategies
Our personal injury attorneys are mindful of the fact that no two cases – or clients – are alike. We provide legal solutions and services tailored to meet the specific needs and goals of each client we represent.
Open Communication
Listening is an integral part of what we do. That’s why we keep our clients fully informed throughout every step of their personal injury claim, ensuring clarity, transparency, and trust.
Compassionate Advocacy
We understand the emotional and financial challenges our clients may face after a serious injury or a catastrophic event. That’s why we are deeply committed to providing compassionate support while vigorously protecting their rights and interests throughout the entire process.
Discuss Your Legal Options with a Trusted Illinois Wrongful Death Lawyer Today
If you’ve lost a family member in a catastrophic event, you deserve answers, and you have the right to seek justice.
At Spiros Law, our knowledgeable Illinois personal injury lawyers are dedicated to helping families navigate the painful and complex process of filing a wrongful death claim. Our team has secured substantial settlements for clients who were seriously injured or killed by others’ negligence. These cases do have a statute of limitations so you will want to speak with an attorney as soon as possible. The sooner you speak with an attorney, the sooner we will be able to start fighting for justice, and you will be able to know the legal process is being handled for you.
Contact Spiros Law today for a free, confidential consultation with a trusted wrongful death attorney who will treat your case with the care and urgency it deserves.
