Losing a loved one is heartbreaking, and it can be especially tragic when the death could have been prevented. When a person is killed because of someone else’s negligence, their surviving family members have the right to pursue compensation for financial and emotional trauma. As a family-owned law firm, Briskman Briskman & Greenberg approaches wrongful death cases with compassion and decades of experience. We are here to help families move forward after the difficult loss of a loved one.
Bringing a Wrongful Death Claim
A wrongful death occurs when a person dies from a fatal injury that is someone else’s fault. Under Illinois law, the family of a Waukegan wrongful death victim may be entitled to recover compensation from the person or entity responsible for the death.
Many circumstances may lead to a wrongful death claim. A deadly car collision, truck accident, slip and fall accident, medical error and work injury are just some examples of negligence that can result in someone’s death.
Motor vehicle accidents, falls and poisoning are the top three causes of deaths that occur due to preventable injury. They account for more than 83 percent of preventable deaths, according to the National Safety Council.
Who Can File a Waukegan Wrongful Death Claim?
Wrongful death claims are typically brought by the deceased victim’s spouse or children. If the person does not have a surviving spouse or child, Illinois law allows close family members such as parents, siblings, nieces or nephews to file a wrongful death lawsuit. If there is no next of kin, the personal representative of the victim’s estate can also bring a claim.
Do I Have a Wrongful Death Case?
You may have a wrongful death case if you can prove that someone’s negligent conduct caused the death of your loved one. Under Illinois law the claimant must establish four key elements to move forward with a Waukegan wrongful death claim:
Wrongful Death Claims We Handle
Our decades of experience mean that Briskman Briskman & Greenberg is equipped to handle even the most complex wrongful death cases. Our lawyers have represented clients in a wide variety of wrongful death cases including:
- Medical malpractice
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Premises liability
- Nursing home neglect and abuse
- Workplace accidents
Liability in Wrongful Death Cases
There may be more than one liable party in some wrongful death cases. Waukegan wrongful death claims must follow Illinois’ comparative negligence law. Under the law, multiple parties may share fault when a fatal accident occurs.
For example, a negligent delivery driver may cause a fatal accident by speeding because of being under pressure to complete a shift. In such situations, you may have grounds for legal action against both the driver and their employer.
The victim’s degree of fault is also taken into account under the law. If your loved one contributed in any way to their fatal accident, you may receive a reduced settlement to reflect their share of fault.
Car Accidents and Medical Malpractice are Leading Causes of Wrongful Death
Tens of thousands of deaths occur each year because of negligence by medical professionals as well as carelessness on roads and highways. Medical malpractice takes place when a medical professional, such as a surgeon or nurse, commits a preventable error that causes harm. Medical malpractice can include birth injuries, surgical errors, medication errors, diagnostic errors and other types of preventable mistakes.
Briskman Briskman & Greenberg also handles wrongful death cases in which a loved one has died due to the negligence of a motor vehicle driver. Auto accidents are a major cause of death in Illinois.
The state saw a five-year high in traffic fatalities in 2020 with 1,195 deaths. The numbers were even higher for 2021. Waukegan is located in Lake County, which had 52 traffic fatalities in 2020 and 37 in 2021.
Wrongful death can also occur in the workplace. Illinois recorded 158 fatal work injuries in 2019, the U.S. Bureau of Labor Statistics reported. The two leading causes of death were transportation incidents and injuries by persons or animals. They accounted for more than half of the state’s workplace fatalities.
Falls, slips and trips were the third-most frequent fatal work incident in Illinois. Falls are the leading cause of death in the construction industry, and many are preventable.
While the above are most frequently reported, there are many other causes of wrongful death. A defective product that malfunctions can be responsible for fatal injuries, or a dog bite may prove deadly. A wrongful death attorney can evaluate the details of an incident to determine whether it qualifies as a wrongful death claim.
Damages in a Waukegan Wrongful Death Case
If you are pursuing a wrongful death claim after a loved one’s death, you may recover several forms of compensation. You can obtain damages for both your financial losses and intangible losses that arise from the family member’s passing. Damages can also include losses that were incurred by the victim between their injury and eventual passing.
- Medical expenses incurred before death
- Loss of future wages
- Funeral and burial costs
- Pain and suffering
- Loss of companionship
- Loss of consortium
A Waukegan wrongful death attorney can help you determine what damages you may be eligible to receive. Calculating the exact value of a claim can be difficult as it varies depending on the details of the case and factors such as the age and income of the deceased person. With our decades of experience, however, Briskman Briskman & Greenberg can estimate what you can expect in terms of fair compensation.
Statute of Limitations for Wrongful Death Cases
We understand it can be difficult to even think about taking legal action after losing a loved one. However, Illinois law restricts the amount of time you have to file a Waukegan wrongful death lawsuit. The statute of limitations for a wrongful death claim is typically two years with some exceptions, depending on the underlying cause of death.
The strict time limit means you must act quickly. A Waukegan wrongful death lawyer can provide guidance and ensure you do not miss any important deadlines for bringing a claim and obtaining compensation.
Compassionate and Attentive Legal Representation
At Briskman Briskman & Greenberg, we believe in being there for you and your family during the difficult aftermath of a loved one’s death. Our Waukegan wrongful death lawyers are dedicated to providing you with personalized attention in your time of need.
You will not pay attorney’s fees unless we are successful in obtaining a fair settlement in your wrongful death case. We will handle all aspects of the wrongful death claim so that you do not have to worry about the legal process while grieving the loss of a family member. When you hire our law firm, you can rest assured your case will be in experienced, capable hands.
Briskman Briskman & Greenberg will investigate the fatal accident, along with communicating with the negligent parties. We will also take care of any disputes to your wrongful death lawsuit. Our lawyers will gather evidence to support the claim, along with consulting experts such as accident reconstructionists if necessary.
Contact Briskman Briskman & Greenberg
If you lost a loved one due to the negligent actions of another party, you may be entitled to compensation. The Waukegan wrongful death attorneys at Briskman Briskman & Greenberg can guide you on the legal options available to you. Contact us today for a free initial consultation.