How To Increase Chances Of Winning A Wrongful Death Lawsuit

Death is a part of life, but losing someone in an accident caused by another party is especially devastating. Fortunately, you can file a wrongful death lawsuit in Illinois and potentially receive compensation for your losses. If you lost a loved one recently in an accident from someone’s negligence, our Illinois wrongful death attorney at Fisk & Monteleone can assist you.

What Is An Illinois Wrongful Death Claim?

When a person dies because of another party’s action or inaction, the survivors have the right to file a wrongful death lawsuit. This civil lawsuit seeks damages for the plaintiff’s losses, including burial and funeral expenses, lost future earnings, medical costs, mental anguish, loss of inheritance, the deceased’s pain and suffering, and more.

A wrongful death claim is similar to a personal injury lawsuit; the primary difference is the plaintiff passed away, and their survivors must file it. If you want to file a wrongful death claim, there are several things you can do to enhance the chances of winning:

Proving Negligence

Winning a wrongful death claim means proving that another person or entity was negligent. When someone dies in an accident, there is usually essential evidence left behind that suggests who or what caused it. For example, if your loved one is killed in a car accident, evidence might be surveillance video showing the defendant running a red light. Or, in a workplace accident, negligence might be proven by showing the scaffolding the worker fell from was improperly installed.

Once you retain a wrongful death attorney in Illinois, they will collect evidence to prove someone was negligent. If your attorney asks you to gather any information about the accident, get it to them as soon as possible.

Showing A Reasonable Expectation Of Safety

In most wrongful death cases, the deceased usually had a reasonable expectation of safety. In the car accident case above, the person could have reasonably expected to drive through an intersection without being hit by a car running the red light. Or, a worker could reasonably expect to climb on scaffolding at a job site and for it not to collapse.

Hiring An Experienced Illinois Wrongful Death Lawyer

One of the most important ways to win a wrongful death case is to retain a skilled attorney as soon as possible. Your wrongful death lawyer may start by interviewing you and others in the family about what caused your loved one’s death. If your relative died in a car crash, the lawyer would probably review the police report, eyewitness testimony, any available video of the crash, and the law enforcement investigation results.

Once your attorney has collected the evidence suggesting who is at fault, they can enter settlement negotiations with the appropriate insurance company. If the insurance company does not offer a fair settlement, they can take the trial to a jury. Fortunately, most wrongful death cases end in settlement once the defendant and insurance provider has reviewed the evidence. But a skilled attorney can take your case to trial and potentially win.