Losing a loved one because of someone else’s negligence is devastating. It brings overwhelming grief, unanswered questions, and uncertainty about what to do next. Our wrongful death lawyer in Mount Prospect can guide you through the legal process while respecting your family’s loss.
At Charlie Therman Injury & Accident Lawyers, P.C., we help surviving spouses, children, parents, and estates seek accountability for preventable deaths caused by negligence or wrongful acts.
Having secured over $100 million for our clients, our Mount Prospect personal injury lawyers work to secure fair compensation for families dealing with this unimaginable loss. Call us today for a free consultation.
Why Choose Our Mount Prospect Wrongful Death Lawyer?
Not all law firms have the experience or resources to handle wrongful death cases effectively. Hiring a local attorney with knowledge of Mount Prospect and Cook County courts gives you an edge. Our attorneys understand the procedural requirements, common defenses, and tactics insurers use to devalue claims.
Our wrongful death attorneys in Mount Prospect prioritize every aspect of your case, from securing evidence to negotiating with insurers and pursuing litigation if needed. We aim to maximize recovery while providing compassionate, respectful support to grieving families.
Wrongful Death Claims Under Illinois Law
Wrongful death lawsuits in Illinois must adhere to specific legal guidelines regarding who can file the claim, what damages can be pursued, and how soon the case must be filed. Key details include:
- Who can file: The personal representative of the decedent’s estate is responsible for filing the lawsuit. If none exists, the court can appoint one.
- Beneficiaries: Survivors who benefit from the claim usually include the spouse, children, and other next of kin. They recover damages for personal losses like financial dependence and emotional harm.
- Filing deadlines: Most cases must be filed within two years of the date of death. However, there are exceptions for certain cases, such as claims against government entities or situations involving intentional misconduct.
Local courts also matter. For Mount Prospect claims, lawsuits are often filed in the Circuit Court of Cook County, with many cases heard in Rolling Meadows (Third Municipal District). Familiarity with procedural rules and common defenses in this jurisdiction is an advantage for moving your case forward effectively.
Damages Available in a Wrongful Death Lawsuit
A wrongful death claim seeks to compensate surviving family members for the emotional and financial losses caused by the death. Typical damages include:
- Funeral and burial expenses
- Loss of financial support
- Medical expenses incurred before death
- Loss of caregiving or household services
- Grief, sorrow, and emotional anguish
- Loss of companionship, guidance, and support from the decedent
In some cases, such as those involving extreme negligence or intentional wrongdoing, punitive damages may be available. While Illinois law places limits on punitive damages in cases involving medical malpractice or public entities, they may still apply in certain situations.
Survival Claims
Separately, a survival claim may recover damages for:
- Conscious pain and suffering the decedent endured before their death
- Medical expenses between injury and death
- Lost income during this period
Combining wrongful death and survival claims ensures that both the family’s losses and the decedent’s experiences are addressed in full.
Comparative Fault in Illinois Wrongful Death Cases
Illinois follows a modified comparative negligence system. If the decedent is found partially responsible for the incident, their family’s recovery may be reduced. For example:
- If the decedent is determined to be 20% at fault, the total damages awarded would be reduced by that percentage.
- If the decedent is more than 50% at fault, the family cannot recover compensation.
This makes liability evidence critical. Our attorneys carefully analyze the event’s circumstances to dispute attempts by insurers or defendants to inflate the decedent’s share of fault.
The Insurance Process and Deadlines to File
Many wrongful death claims are resolved through insurance settlements rather than trials. Commercial policies, auto coverage, homeowners’ insurance, and even umbrella liability policies may provide compensation. Insurers, however, frequently act quickly to minimize their exposure.
Family members should avoid direct communication with the insurance company. Adjusters may push for a low settlement or attempt to use statements against you. Instead, let a Mount Prospect wrongful death attorney handle conversations and protect your family’s claim.
In Illinois, wrongful death suits typically must be filed within two years of the date of the death, but shorter deadlines may apply in cases involving public entities. Starting early allows us to preserve evidence that can disappear over time, such as video footage or witness memories.
Compassionate Guidance Through Contingency Fees
We understand that the loss of a loved one brings immense emotional and financial challenges. Worrying about the cost of legal representation should never add to your burden. At Charlie Therman Injury & Accident Lawyers, P.C., we work on a contingency fee basis so you can focus on grieving and healing while we focus on seeking justice for your family.
Here’s what a contingency fee means for you:
- No upfront costs: You won’t have to worry about paying anything out of pocket. From the moment we take on your case, we cover all expenses related to building and pursuing your claim, including investigations, expert fees, and court costs.
- We only get paid if we win: You will never owe us attorney fees unless we recover compensation for you. If we don’t win your case, you owe us nothing.
- Our fee comes from the settlement or award: If we secure compensation, our payment is a percentage of what we recover for your family. This ensures that our goals are fully aligned with yours; we don’t succeed unless you do.
This approach ensures that financial concerns won’t keep you from pursuing justice for your loved one. It also allows us to serve as your advocates with no pressure or risk for your family.
Call Us for a Free Consultation
Losing a loved one in a preventable accident is one of life’s most painful experiences, and no family should have to face it alone. If you’re dealing with the loss of a family member in Mount Prospect, Charlie Therman Injury & Accident Lawyers, P.C. is here to help.
Call us today for a free consultation. We’ll listen to your story, help you understand your options, and start building a case to hold the responsible parties accountable. There are no fees unless we recover compensation for you, so you can focus on your family while we handle the legal process.
