Edwardsville Wrongful Death Lawyer

What is a Wrongful Death Lawsuit?

Wrongful death lawsuits are any personal injury or negligence lawsuits filed on behalf of an individual who has passed away as a result of another party’s negligence or harmful actions.

We know that a lawsuit will never erase the pain and suffering your family is enduring after a loved one’s passing, but our goal is to alleviate some of the financial burdens and hold the responsible parties liable.

Who Can File a Wrongful Death Claim?

There are laws in the state of Illinois that limit which parties can file for wrongful death on behalf of the deceased. In order to file, you must meet one or more of the following qualifications:

• You are an immediate family member or close relative to the deceased.
• You are a surviving spouse, life partner, or financial dependent of the deceased.
• You have suffered financial loss or burden as a result of the individual’s death.

Eligibility is not limited to this list, and special circumstances can arise in which others are eligible to take on the role. If you believe there is an extenuating circumstance, contact a wrongful death attorney right away with any questions regarding eligibility.

What Type of Incident is Considered a Wrongful Act?

Wrongful death is considered an incident in which a person’s death results from negligence or misconduct by another person. There is an array of incidents that could trigger a wrongful death suit.

Some of the more common types include:

• Personal injury – any incident that may fall under the umbrella of an Edwardsville personal injury law claim
• Car accidents and truck accidents
• Any other motor vehicle accident, especially if the accident happened as a result of negligent acts
• Medical malpractice
• Birth defects
• Nursing home abuse or neglect
• Occupational accidents or exposure to hazards in the workplace
• Criminal behavior such as assault or battery
• Death during a supervised activity

When Should I File a Wrongful Death Claim?

Illinois has strict guidelines for when a lawsuit can be filed on behalf of your loved one after their death. A case must be filed within the time limit set for the underlying type of case, or within one year of the date of the deceased person’s death.

In simple terms, that means the lawsuit must be filed either within two years of the date of the accident or within one year of the passing of your loved one. You have two years to speak with a lawyer and file the case.

If you fail to contact a lawyer in that time frame, you may lose your right to compensation as a judge may refuse to hear the case because the deadline has passed.

Illinois Laws on Wrongful Death

Illinois has two laws to protect family members affected by a wrongful death:

• Wrongful Death Act: Under this law, family members of a victim have the right to file a claim and recover financial compensation if the deceased victim could have filed a personal injury lawsuit if they would have survived the incident.
• Illinois Survival Act: Similar to the Wrongful Death Act, this law states that those in charge of a deceased person’s estate can recover damages that the victim could have reasonably filed for if they survived the incident.

Filing a Wrongful Death Lawsuit in Edwardsville IL

Filing a lawsuit can be an intimidating process, but with the help of an experienced wrongful death lawyer, filing and fighting a lawsuit can be made straightforward and less stressful.

A wrongful death attorney from our team will navigate the civil litigation process to gain your financial compensation through legal action and hold the negligent party responsible.

Steps a Lawyer Will Take

If a wrongful death lawsuit is necessary, personal injury lawyers will build your case by:

• Establishing liability
• Gathering evidence
• Assessing damages

These three steps will help build a case to ensure that you have a strong personal injury claim.

Proving Fault or Establishing Liability in a Wrongful Death Suit

In order to have a viable wrongful death case, you must be able to prove the following:

• A human death did, in fact, occur.
• The death was caused by the accused’s negligence or intent to do harm.
• You, the plaintiff, suffered economic loss, strain, or other damages as a result of the death.
• There was an appointment of a personal representative for the deceased’s estate.

Wrongful death attorneys will be able to determine what parties should be held liable. Whether it was a single person, a group of people, or even a company responsible for the death of a lost loved one, a skilled THL wrongful death lawyer in Edwardsville can help with you and your family’s claim.

Gathering Evidence

Evidence is one of the most important pieces of personal injury claim. Personal injury cases are won and lost based solely on evidence available.

Your attorney will first gather evidence to prove two key components:

1. How and why the accident or injury occurred
2. What damages resulted from the accident or injury

You can assist your attorney in gathering and preserving personal injury evidence.

Some evidence you can begin to gather after the accident includes:

• Death certificate
• Medical records
• Police reports or autopsy reports
• Relevant photos and/or videos
• Contact information for witnesses, parties involved, and responding authorities
• A written personal account of any relevant incident, in as much detail as possible
• Financial records showing deceased (pay stubs or tax returns)

If you are unable to collect these materials, Edwardsville injury lawyers will be able to assist in gathering this evidence.

Damages in a Wrongful Death Suit

Hiring an Edwardsville IL Wrongful Death Lawyer

Assessing Damages

Damages are the total losses, both economic and non-economic, that you incur as a result of an incident. It is difficult to assess damages, especially the full scope of potential future damages, unless you have an understanding of the law.

A victim is often led to believe that their damages are valued considerably lower than they actually are, sometimes due to a past experience with an insurance company or something similar.

An attorney will always factor in all potential damages so that their client does not suffer any current or future monetary losses because of an accident or injury that they did not cause.

Some damages to consider include:

• Medical expenses or medical debt
• Funeral costs
• Loss of the deceased financial contribution to estate-holders
• Lost wages
• Emotional damage, pain and suffering
• Companionship loss
• Punitive Damages (additional damages to punish the defendant for their negligent or aggravated actions)

There are circumstances in which additional damages could be calculated to determine how much compensation families recover in a lawsuit.

Once you initially discuss your case with a wrongful death lawyer, they will begin working on determining the amount of compensation you could receive.

TorHoerman Law, Top Edwardsville IL Wrongful Death Lawyers

Family members of victims may be hesitant to file wrongful death claims, intimidated by the legal world, court system, choice of personal injury lawyers, and questions of future results.

Edwardsville IL wrongful death attorneys from TorHoerman Law can help alleviate these burdens and achieve justice, using the legal system to help you regain financial stability to cover the costs of your medical expenses, financial losses, emotional damages, and other costs.

TorHoerman Law has achieved more than $4 billion in verdicts and negotiated settlements for a variety of personal injury law cases. Our past results afford us recognition as some of the best personal injury lawyers in Southern Illinois.

We have some of the best attorneys in the state staffed on our team. A number of our attorneys have been named Top Lawyers in Illinois including Top 100 Lawyers in the state of Illinois; prestigious awards given through nominations by their peers in the industry. Our focus is based solely on competent legal representation, relationship building, and full financial compensation while you and your family recover and cope after your loved one’s passing. Consider contacting TorHoerman Law Edwardsville Wrongful Death Attorneys as you search for legal representation.

THL: Serving and Supporting Edwardsville Families

Our Main Street Edwardsville IL law office is comprised of staff and attorneys that live in the community. We pride ourselves on serving Edwardsville and Southern Illinois residents and giving back to the community through events and donation drives. TorHoerman Law operates on a contingency fee basis. With working on a contingency basis, our clients do not pay legal service fees until they have been fully compensated for their losses. If you do not receive compensation, our law firm will foot the bill for all legal costs. Our law firm accepts wrongful death claims in Edwardsville, Glen Carbon, Collinsville, Granite City, East St. Louis, Alton, East Alton, Wood River, and more across Southern Illinois.

THL Practice Areas

THL personal injury attorneys handle dozens of complex cases, helping injured people across the country. We will provide you with formal legal advice and will fight for fair compensation while you make a full recovery. Reach out to us for a free consultation if you or a loved one have been involved in any of the following:

• Car accidents or truck accidents
• Premises liability
• Workers compensation
• Medical malpractice
• Catastrophic injuries
• Product liability
• Dangerous drugs and medical devices
• Abuse and Assault

If you do not see your potential case listed above, explore our practice area pages or contact us for more information about any legal issue.