Wheeling Wrongful Death Claims
Losing a loved one in an accident is a tragedy unlike any other. However, when the accident was entirely preventable and the result of another person’s negligence, it only adds to the sadness and grief family members experience. At the Wheeling wrongful death law firm of Briskman Briskman & Greenberg, our compassionate team of attorneys can help you understand your rights after losing a family member in a fatal accident. We have more than 35 years of experience helping families overcome the financial burdens that come along with these tragedies and take every step possible to make the process as easy on you as possible.
What Is a Wrongful Death Claim?
Wrongful death lawsuits are a type of personal injury claim. However, because the accident victim cannot bring the case themselves, these cases are brought by the personal representative of their estate. A personal representative is a person named in the accident victim’s will whom they designate to take care of their affairs after they die. If an accident victim did not name a personal representative, the court will appoint one.
Under Illinois law, a wrongful death occurs whenever someone dies as a result of another’s “wrongful act, neglect, or default.” In plain English, this means that the accident victim’s death was caused by another person’s negligent act or their failure to act.
A Wheeling wrongful death lawsuit can be filed after any type of accident, but most often involve the following types of cases:
Motor vehicle accidents
Cat, truck and motorcycle accidents are almost always preventable, had the at-fault motorist taken the necessary precautions. However, drivers are often rushed or distracted, leading them to engage in dangerous driving behavior. When a negligent motorist causes a fatal accident, they can be held accountable through a Wheeling wrongful death lawsuit.
Slip and falls
Falls are the leading cause of preventable injury in the United States among most age groups. Generally, businesses and other property owners owe a duty of care to guests to ensure that the area provided for them is reasonably safe. If a business or other property owner negligently conducts repairs—or doesn’t repair a known hazard at all—they can be liable for any resulting injuries.
Medical malpractice, or medical negligence, occurs when a healthcare worker fails to provide an acceptable level of care to a patient. Common medical malpractice lawsuits include surgical errors, misdiagnoses, improperly reading lab results, medication errors and birth injuries.
Defective or dangerous products
Manufacturers and others in the supply chain owe a legal duty to consumers to ensure that products are safe for their intended use. However, companies are often in a rush to bring a product to market and may not perform all the necessary safety testing to ensure a product is safe. In these cases, the manufacture can be held liable through a Wheeling product liability claim.
While Illinois workers’ compensation laws cover most Wheeling workplace accidents, accidents involving the negligence of someone other than their employer fall outside the scope of the workers’ compensation system. In these cases, the accident victim’s family can pursue a claim against the negligent party responsible for their loved one’s death.
Nursing home abuse and neglect
Nursing homes have a duty to residents to provide a safe place for them to live and ensure they are well cared for. However, Wheeling nursing homes are notorious for cutting corners. Often, nursing homes try to pad their bottom line by understaffing the facility. However, when management does this, they overburden already busy staff members, pushing them to their limits. As a result, instances of both abuse and neglect are quite common.
Contact the Wheeling Wrongful Death Lawyers at Briskman Briskman & Greenberg
If you recently lost a loved one in a preventable accident, it may feel like life will never return to “normal.” However, with time, you will overcome your grief and begin to move on. If the lingering financial burdens associated with your loss add to the challenges you are facing, consider reaching out to the wrongful death attorneys at Briskman Briskman & Greenberg. We have assembled a dedicated team of Wheeling personal injury lawyers who compassionately handle claims on behalf of grieving family members, taking care to put your interests first at every step of the way. To learn more and to schedule a free consultation, give us a call at 877-595-4878. You can also connect with us through our online form.