Chicago Wrongful Death Lawyer

Has a reckless medical error caused the death of a family member in Chicago, Illinois? If so, don’t hesitate to call JusticeRx for immediate support and assistance. You may have the right to hold the negligent medical provider (or hospital) financially responsible for your devastating loss. Our experienced Chicago wrongful death lawyers are prepared to help you maximize your recovery.

At JusticeRx, we offer our clients expertise and experience in two highly specialized fields: medicine and law. As a board-certified emergency medicine physician and a licensed Illinois trial attorney, founding partner Dr. Peter McCool has unparalleled insight into medical malpractice cases, particularly those resulting in wrongful death.

We’ve helped families recover millions in settlements and jury awards. Now it’s time for you to let us put our experience and resources to work to get you top results, too. Contact us online or call (312) 705 2863 at our law office in Chicago, IL to arrange a free, no-obligation case evaluation today.

How JusticeRx Can Help If You’ve Suffered the Wrongful Death of a Family Member

How JusticeRx Can Help If You’ve Suffered the Wrongful Death of a Family Member in Chicago, IL

Medical errors are estimated to be the third-leading cause of death nationwide. Thanks to the vast underreporting of medical mistakes, the rate of deaths caused by medical negligence could be much, much greater. 

While these medical errors are entirely unacceptable, they do happen. If you’ve been affected by the sudden death of a family member, you have the right to demand justice. The good news is that you don’t have to take on a fight for compensation on your own.

JusticeRx offers the prescription for justice you need.

When you choose JusticeRx to help you navigate your wrongful death lawsuit, you put a team of respected attorneys and physicians in your corner. This, alone, can give you a considerable edge as you take on a hospital and negligent provider. 

Take this opportunity to grieve your devastating loss and count on us to:

  • Tap into our network of highly-respected medical professionals and experts to consult on your wrongful death case
  • Coordinate an extensive investigation into your loved one’s wrongful death
  • Gather evidence needed to provide support for a compelling legal claim for damages
  • Calculate the value of the damages to which you’re entitled under Illinois state law, including the value of the income and household services provided by your loved one before they died
  • Satisfy all procedural requirements and filing deadlines, as established by Illinois wrongful death law
  • Represent your family’s best interests during settlement negotiations with the defendant
  • Help you decide whether you should accept or reject any settlement offers you receive
  • Bring your wrongful death lawsuit to a jury if necessary

Losing a family member unexpectedly can have severe financial impacts. Hiring a lawyer should help you get through this difficult time, not make it more difficult. That’s why our wrongful death attorneys in Chicago work on contingency.  You don’t pay anything unless we win your wrongful death case.

No win, no fee. That’s our promise to you and your family.

Learn more about what our firm has to offer by calling our office today.

What is Wrongful Death?

The Illinois Wrongful Death Act explains that a wrongful death occurs when:

  • A person is killed as the result of the wrongful act, neglect, or default of another, and
  • The victim would have had the right to bring a personal injury lawsuit for damages if they’d survived.

In Illinois, wrongful death laws shift the right to seek damages in a lawsuit from the decedent to their surviving family members.

Years of Experience Fighting For Clients in All Types of Wrongful Death Cases

Any mistake or error in medical care can, under the right circumstances, potentially cause a patient’s death.

At JusticeRx, we have spent years advocating for families in medical malpractice wrongful death cases involving:

  • Birth injuries
  • Surgical errors
  • Missed diagnosis
  • Misdiagnosis
  • Medication errors
  • Radiology errors
  • Defective medical devices
  • Anesthesia errors
  • Hospital-acquired infections
  • Failure to treat

Wrongful death cases are incredibly complex. Things get more complicated when a medical error is the underlying cause. In these situations, it’s essential to work with a law firm that has an in-depth knowledge of both medicine and law and considerable experience litigating medical malpractice cases.

This makes JusticeRx the clear choice when so much is at stake. Our trusted wrongful death attorneys in Chicago know how much is at stake, and we’re ready to do everything in our power to help you get the best results.

Who Can File a Wrongful Death Lawsuit in Illinois?

Not just anyone can file a wrongful death lawsuit in Chicago. Pursuant to state law, only the personal representative of the victim’s estate has the power to initiate this type of legal claim.

The personal representative is traditionally named by the victim in their will – usually a spouse or close family member. If the victim dies intestate, the court will appoint a personal representative.

Damages, once awarded, are allocated to the victim’s spouse and other heirs, as directed under Illinois state law.

What Damages Are Available to a Family in a Wrongful Death Lawsuit?

Wrongful death lawsuits are different from other types of personal injury or medical malpractice claims. One of the biggest differences involves the types of damages that can be awarded.

The purpose of a wrongful death lawsuit is not to compensate the victim, but rather their surviving family member(s).

So, the damages that can be awarded in a wrongful death case are designed for that very purpose.

In Illinois, families benefiting from a wrongful death lawsuit can receive both economic and non-economic damages.

This can include money for:

  • Lost financial support, including wages and other income
  • Loss of benefits provided by the victim, including medical benefits, retirement, and pensions
  • Medical bills paid before the victim’s death
  • Loss of inheritance
  • Lost value of household services provided by the victim
  • The family’s pain and suffering
  • Loss of companionship, love, and society
  • Loss of care, protection, and guidance
  • A spouse’s loss of consortium
  • Funeral costs and burial expenses

Our Chicago wrongful death attorneys will help you calculate the value of your claim and fight for every dollar you’re entitled to under Illinois law.

Can Shared Fault Affect an Illinois Wrongful Death Settlement?

Yes, comparative fault can adversely affect the value of a wrongful death settlement or jury award in Illinois. 

Illinois has a modified comparative negligence statute with a 51 percent bar to recovery. 

When a person contributes to an accident, injury, or death, they share responsibility. When a victim dies, their contribution to their accident isn’t lost. Rather, it shifts to any wrongful death claims brought on behalf of their family.

Damages are reduced proportionately to the victim’s percentage of fault.

For example, if your loved one is assigned 15 percent of the blame for the cause of their death, the settlement or jury award in your wrongful death lawsuit will be reduced by 15 percent.

Our Chicago wrongful death attorneys will be there to defend your loved one’s name and reputation. We’ll help you contest claims of shared responsibility and fight to get the maximum financial award permitted under Illinois law.

What Is the Statute of Limitations for Wrongful Death Lawsuits in Illinois?

Illinois has a two-year statute of limitations that applies to most wrongful death lawsuits.

The statute of limitations begins to run on the date of the victim’s death. This may or may not be the date that the underlying medical error was made or the fatal accident occurred.

You must file your wrongful death lawsuit before the deadline expires. Once time runs out, you will have lost the opportunity to demand financial justice for your tragic loss.

Schedule a Free Consultation With an Experienced Wrongful Death Lawyer

When a doctor’s mistake costs your family member their life, you have the right to hold them accountable. JusticeRx has the unique skills and resources needed to offer the prescription for justice you deserve.

Contact our law office to speak with an experienced Chicago wrongful death lawyer about the details of your case. We’re here to help you understand your rights and put a plan into action to maximize your financial recovery. We’re here to help 24 hours a day, 7 days a week.