Common Causes of Wrongful Death
Many wrongful death claims involve negligence-based incidents such as car, truck, motorcycle, and bicycle accidents, defective vehicles, defective products, work-related accidents, and construction accidents. Other claims often involve medical malpractice errors and mistakes or criminal acts.
How Our Wrongful Death Attorneys Can Help
A wrongful death claim can be brought in any situation where the person could have brought a personal injury claim had they survived. To win a wrongful death lawsuit, you must show the court that the negligence, recklessness, or intent of some other person or entity caused your loved one’s death. We understand how difficult your loved one’s loss may be, and we want to help make this time less stressful for your family. Our wrongful death lawyers will go through the details of the incident while you and your family focus on the grieving process. You can rely on us to work to resolve your case in the most efficient manner possible.
Our experienced team of Bellville wrongful death attorneys can:
- Gather and preserve evidence to build a strong wrongful death claim
- Retain experts to testify to help prove your loved one’s death was caused by negligence
- Fight against the large insurance companies’ lawyers
- Represent you in settlement negotiations or in court
- Demand fair compensation from the negligent party
Who Can File A Wrongful Death Lawsuit?
In Illinois, a wrongful death claim must be filed by the personal representative/executor of the deceased person’s estate. However, if your loved one died without appointing a personal representative in their estate plan, the court may appoint a personal representative. The personal representative is responsible for pursuing the wrongful death claim, as well as carrying out other tasks related to the estate.
In Missouri, a wrongful claim can be filed by the deceased person’s spouse, children, grandchildren, or parents. If the deceased person does not have those surviving family members, then a claim may be brought by a sibling.
Wrongful Death Damages
In Illinois and Missouri, damages are intended to compensate the deceased person’s survivors for the financial losses associated with the death and the intangible losses the family suffered. While no amount of money can ever replace the loss of your loved one, our goal is to help put you and your family in the best possible situation after your loss while holding the responsible parties accountable.
Common types of wrongful death damages include money for:
- Medical and funeral expenses
- Loss of financial support, including future income, inheritance, and benefits such as medical insurance
- Loss of consortium
- Mental distress, pain, and suffering
- Loss of instruction, education, and moral training the deceased would have provided to any surviving children
Wrongful Death Statute of Limitations
Each state’s statute of limitations for wrongful death varies. In Illinois, the statute of limitations for most wrongful death claims is two years from the date of the person’s death. However, there are some exceptions. If you have questions, it is best to contact our office right away.
In Missouri, most wrongful death claims must be filed within three years from the date of death. There are exceptions. If you have questions, please give us a call right away.
It is always best to contact a wrongful death attorney right away to ensure that your claim is filed within your state’s time limit and to gather and preserve as much evidence as possible. Wrongful death lawsuits can vary in length. Even if your case does not go to trial, settling your case takes time. Some claims may take anywhere from a few months to several years to settle, depending on the specific circumstances.
