Helping families navigate the financial and emotional trauma of losing a loved one.
Families are left with unimaginable grief and despair when a loved one dies unexpectedly. When the death is a result of someone’s negligence, you have the right to recover compensation through a wrongful death claim. Nothing can make up for the loss of a family member, but the damages can provide some measure of justice and help ease the financial burdens that result from a loved one’s passing. The Oak Lawn wrongful death attorneys at Briskman Briskman & Greenberg will approach your case with compassion and respect while standing up for your rights.
Common Causes of Wrongful Death
Accidents are the fourth leading cause of death in Illinois, according to the Centers for Disease Control and Prevention. In 2020, the top causes of unintentional injury deaths nationwide were falls and motor vehicle traffic accidents with 42,114 and 40,698 fatalities respectively.
Some examples of scenarios in which a wrongful death may occur include a doctor prescribing the wrong medication, a property owner failing to repair a broken staircase, a contractor neglecting to ensure a job site is safe or a drunk driver causing a deadly crash. Briskman Briskman & Greenberg has experience representing clients in a wide variety of Oak Lawn wrongful death cases:
- Motor vehicle accidents: car accidents, motorcycle accidents, truck accidents
- Premises liability: slip and fall accidents, dog bites, negligent security
- Medical malpractice: birth injuries, surgical errors, medication errors, diagnostic errors
- Unsafe products
- Nursing home neglect and abuse
- Construction accidents and work injuries
Medical mistakes are also a leading cause of death. Around 98,000 people die each year due to preventable medical errors.
Doctors, nurses and other medical professionals are expected to meet a certain standard of care when treating patients. When they behave negligently, filing a wrongful death lawsuit allows you to hold them accountable.
No matter the cause of your loved one’s death, our Oak Lawn wrongful death attorneys can help you obtain compensation from those who are liable. We will use our extensive resources to investigate what happened.
Motor Vehicle Accidents are a Leading Cause of Preventable Deaths
As a village in the state’s most populous county of Cook County, Oak Lawn residents are exposed to the risk of motor vehicle collisions that can result in wrongful death. In 2021, Oak Lawn had four fatal crashes, according to the Illinois Department of Transportation. The crashes resulted in the death of four people, and half of them involved pedestrians.
Negligence behind the wheel can have devastating outcomes. When a driver’s negligent, reckless or intentional conduct causes the loss of life, they can be held liable for damages through a wrongful death lawsuit. Fatal car accidents commonly occur due to speeding, distracted driving, aggressive driving, reckless driving, or driving under the influence of alcohol or drugs.
Oak Lawn motor vehicle accidents can involve cars, trucks, motorcycles, bicyclists and pedestrians. The village is home to many commuters, with more than 86 percent of them driving to and from work. The intersection of 95th Street and Cicero Avenue in Oak Lawn is among the busiest in Cook County.
In 2022, Illinois had 1,255 fatalities in 1,137 crashes. Of those, 189 involved pedestrians, 166 had semi-trucks and 144 involved motorcyclists. Semi-trucks weigh tens of thousands of pounds. The force of impact in a collision can cause catastrophic injuries that can be fatal. When truck drivers fail to adhere to safety regulations or behave negligently, they can be sued for damages in a wrongful death lawsuit.
Types of Damages Recoverable in a Wrongful Death Lawsuit
While you are grieving the unexpected death of a family member, you may also have to deal with expensive medical bills and funeral costs. Additionally, if your family relied on your loved one’s income, you are likely to face concerns about the future and how to support yourself financially.
Filing a wrongful death claim allows you to obtain compensation from the negligent party who was responsible for your loved one’s passing. Damages consist of tangible financial losses you are facing as well as losses that are harder to calculate, such as pain and suffering.
- Medical treatment for your loved one before death
- Lost income
- Funeral and burial expenses
- Mental anguish
- Pain and suffering
- Loss of consortium
The idea of placing a monetary value on a loved one’s life can be upsetting. While nothing can ever make up for losing a family member, the compensation from a wrongful death lawsuit can serve as vital financial support during a challenging time.
At Briskman Briskman & Greenberg, a qualified Oak Law wrongful death attorney will work with you to determine the types of damages you may be eligible to receive. Calculating the precise amount is not possible given the complexity of wrongful death cases. However, using our experience with wrongful death claims, we can estimate what sort of compensation your family can expect to receive.
How Do I Know if I Have a Wrongful Death Case?
You may have a wrongful death claim if you can prove that someone’s negligence led to your loved one’s passing in a fatal accident. Your family member’s death in turn caused you to suffer direct financial or emotional damages. The key elements required to establish a wrongful death claim are:
- Duty of care
- Breach of duty
A wrongful death case involves showing that a duty of care existed between the other party and your family member. This duty of care was breached due to the defendant’s negligent actions, leading to your loved one’s death.
For example, a driver has a duty to follow the rules of the road. Speeding or driving under the influence of alcohol constitutes a breach of their duty of care.
Causation involves showing that the other party’s actions caused fatal injuries to your loved one. In this example, the negligent party crashed into your family member’s vehicle, resulting in fatal injuries. The next step is establishing that you, as a surviving family member, incurred compensable financial losses because of your loved one’s passing.
Proving a wrongful death claim can be challenging, which is why it is vital to have the assistance of an experienced Oak Lawn wrongful death attorney. At Briskman Briskman & Greenberg, we have the resources needed to investigate what happened and gather the evidence necessary to support your wrongful death claim, such as witness statements, police reports, video footage and expert testimony. We know how to fight back if the other party challenges your claim.
Time Limit for Filing a Wrongful Death Claim
The time limit for bringing a wrongful death claim is known as the statute of limitations. In Illinois, the statute of limitations is typically two years from the date your loved one died.
There are some exceptions to this deadline, such as for medical malpractice cases and claims that involve children. An Oak Lawn wrongful death attorney can help you determine which time restrictions apply to your case and ensure you file your wrongful death lawsuit before the statute of limitations expires.
How an Oak Lawn Wrongful Death Attorney Can Help
At Briskman Briskman & Greenberg, we are dedicated to providing our clients with compassionate service and quality legal representation. The breadth of our experience means that our law firm is equipped to get a successful outcome in even the most complicated wrongful death claims. When you hire us, you can rest assured that your case will be in safe hands.
Filing a wrongful death lawsuit is a multi-stage process. However, we understand that the last thing you want to deal with when grieving a loved one’s death is a long, drawn-out legal process. Let us handle your wrongful death claim while you try to get your life back on track.
Your Oak Lawn wrongful death attorney will keep you updated on developments in your case. We will also deal with any potential disputes that arise in your suit. When you hire our law firm, we will thoroughly investigate what happened and gather the evidence required to build a strong case.
Briskman Briskman & Greenberg will never approve a settlement agreement unless you are satisfied with it. Our Oak Law wrongful death attorneys are skilled negotiators who will communicate with the liable party on your behalf. We are willing to take your case to trial if the offer does not reflect the full extent of your losses.
Schedule a Free Consultation
Briskman Briskman & Greenberg is here for you. As a family-owned law firm, we believe in approaching each case with compassion and sensitivity. Our legal team has decades of experience handling wrongful death lawsuits. We are confident in our ability to get you full and fair compensation for your losses.
Do not delay in scheduling a free consultation. There is no cost to speak to an Oak Lawn wrongful death attorney about your case. You do not have to pay any fees unless we are successful in obtaining compensation for your wrongful death claim.