Losing a loved one is always devastating, but when their death is caused by someone else’s negligence or wrongdoing, the pain can be especially overwhelming. If you’ve lost a family member in a tragic accident in Danville, Illinois, you may be entitled to seek justice and compensation through a wrongful death lawsuit. During this difficult time, you need a compassionate and experienced Danville wrongful death lawyer who can guide you through the legal process and fight for your rights.
At Spiros Law, P.C., we understand the profound impact a wrongful death can have on a family. Our attorneys have years of experience representing clients who have lost loved ones in car accidents on roads like Interstate 74 or North Vermilion Street, medical malpractice at OSF Sacred Heart Medical Center or Carle Hoopeston Regional Health Center, and workplace accidents throughout Danville and the surrounding areas. We commit to holding negligent parties accountable and assisting families in seeking the closure and compensation they deserve.
What is a Wrongful Death Case?
Under Illinois law, a wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another party. This can include deaths caused by:
- Car, truck, or motorcycle accidents
- Medical malpractice or nursing home abuse
- Workplace accidents or occupational illnesses
- Defective products or dangerous medications
- Violent crimes or assaults
In a wrongful death case, the surviving family members can file a lawsuit against the responsible party to seek compensation for their losses, such as medical expenses, funeral costs, lost income, and loss of companionship.
Who Can File a Wrongful Death Lawsuit in Danville?
In Illinois, the personal representative of the deceased person’s estate, usually a surviving spouse or adult child, must file a wrongful death lawsuit. If the deceased didn’t have a spouse or children, the personal representative may be a parent or sibling.
The personal representative files the lawsuit on behalf of the deceased’s surviving family members, which may include:
- Spouse
- Children
- Parents
- Siblings
If the wrongful death lawsuit is successful, any damages awarded will be distributed among the surviving family members based on their relationship to the deceased and the extent of their losses.
Proving Liability in a Wrongful Death Case
To recover compensation in a wrongful death case, you’ll need to prove that the defendant’s negligence or wrongdoing caused your loved one’s death. This typically involves showing that:
- The defendant owed your loved one a duty of care (e.g., a driver’s duty to follow traffic laws or a doctor’s duty to provide competent medical care)
- The defendant breached that duty of care through negligent or wrongful actions
- The defendant’s breach of duty directly caused your loved one’s death
- Your family suffered damages as a result of your loved one’s death
Proving liability in a wrongful death case can be complex. This is especially true when multiple parties are involved. It is also the case when the defendant disputes their responsibility. Our attorneys will investigate your case thoroughly. They will gather evidence and consult with experts. This helps build a strong case on your behalf.
Compensation in Wrongful Death Cases
If you’ve lost a loved one due to someone else’s negligence or wrongdoing, you may be entitled to compensation for:
- Medical expenses related to your loved one’s final illness or injury
- Funeral and burial expenses
- Lost income and benefits your loved one would have earned
- Loss of companionship, guidance, and support
- Pain and suffering your loved one experienced before their death
- Punitive damages, in cases of extreme negligence or intentional wrongdoing
The compensation you can recover depends on your case’s specifics. Factors include your loved one’s age and earning potential. The severity of their pain and suffering matters too. So does the extent of your family’s losses. Our attorneys will work tirelessly to maximize your compensation and hold the responsible parties accountable.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Danville?
In Illinois, the statute of limitations for most wrongful death cases is two years from the date of the person’s death. However, there are some exceptions, such as cases involving government entities or medical malpractice. It’s important to consult with an attorney as soon as possible to ensure you don’t miss any important deadlines.
What if my loved one was partially at fault for the accident that caused their death?
Illinois follows a comparative fault rule. This means you may still recover damages even if your loved one was partly at fault. They must have been involved in the accident that caused their death. However, your compensation will be reduced by your loved one’s percentage of fault. For example, if your loved one was found to be 30% at fault and your damages were $1,000,000, you would only be able to recover $700,000. Our attorneys will fight to minimize any allegations of fault against your loved one and maximize your compensation.
How much does it cost to hire a wrongful death lawyer in Danville?
At Spiros Law, P.C., we work on a contingency fee basis, which means you won’t owe us any attorney fees unless we recover compensation for you. We believe that everyone should have access to quality legal representation, regardless of their financial situation.
What sets Spiros Law, P.C. apart from other wrongful death law firms in Danville?
Our Danville personal injury attorneys have a proven track record of success in handling wrongful death cases throughout Central Illinois. We commit to delivering personalized attention, compassionate support, and aggressive representation to every client. When you work with us, you’ll have a dedicated team of professionals fighting for your rights every step of the way.
Contact a Danville Wrongful Death Lawyer Today
If you’ve lost a loved one due to someone else’s negligence or wrongdoing in Danville, don’t wait to seek legal help. The sooner you contact a skilled wrongful death lawyer, the better your chances of recovering the compensation your family needs to move forward.
At Spiros Law, P.C., we’re here to help you through this difficult time. Contact us today at (217) 443-4343 for a free, no-obligation consultation with one of our experienced Danville wrongful death attorneys. We’ll listen to your story and answer your questions. We provide the guidance you need. This is to protect your rights and seek the justice your loved one deserves.
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