Pekin Wrongful Death Lawyers

Coping with the sudden and unexpected death of a loved one is a heavy burden. Oftentimes, families are forced to deal with the practical realities of losing a loved one's income and paying for a funeral while also privately grieving their loss. A Pekin, IL wrongful death lawyer can provide surviving family members with relief, seeking accountability from the party at fault and pursuing full payment for the loss.

Kanoski Bresney knows that you cannot put a price on the value of a life. Our legal team is here to help you handle a wrongful death claim to give you the time and space you need to mourn. We have recovered over half a billion dollars from successful verdicts and settlements, so you can rely on us to provide you with strong advocacy.

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Understanding the Basics of a Wrongful Death Claim

A wrongful death claim gives a grieving family a way to hold someone responsible when careless or reckless conduct takes a loved one's life. The Illinois Wrongful Death Act allows this type of civil case whenever the person who died would have had a valid injury claim had they lived.

Only the personal representative of the estate can bring a wrongful death claim forward. The personal representative is usually named in the will. When there is no will, the court appoints a trusted person to the role. The representative acts on behalf of the surviving spouse and next of kin, who share in any recovery.

Illinois law allows families to seek several kinds of damages. Economic losses in these claims include funeral and burial costs and the income and support the person would have provided. Families can also recover payment for the loss of love, companionship, and guidance, along with their own grief and mental suffering. A survival claim, often filed alongside the wrongful death case, can address the pain the person endured and the medical bills incurred before death. Most of these claims must be filed within two years of the date of death.

Common Types of Cases That Give Rise to Wrongful Death Claims in Illinois

Wrongful death claims in Illinois can come from many kinds of preventable tragedies. Deadly traffic collisions are among the most frequent, including car wrecks, semi-truck crashes, and motorcycle accidents on routes such as Illinois Route 9 and Interstate 474. Pedestrians and cyclists face serious danger when drivers fail to watch for them.

Other wrongful death claims may involve neglect or unsafe conditions. Nursing home residents can die from untreated infections, falls, or dehydration. Workers can lose their lives when a contractor or equipment maker ignores safety rules. Defective products, poorly maintained properties, and drunk drivers are also responsible for many deaths per year. Whatever the cause, the central question is whether someone failed to act with reasonable care and whether that failure led to the death.