Morelli Law Firm understands how difficult recovering from a loved one’s wrongful death may seem. You’re not alone in your efforts, though. You have family to lean on, friends to support you, and your loved one’s legacy to remember. When it comes time to face the bills related to a loved one’s untimely passing, you even have Carbondale’s wrongful death lawyers.
Our team of experienced attorneys can guide you through the process of filing a wrongful death personal injury claim on a loved one’s behalf. You can count on us to stand with you during settlement negotiations and to transition those negotiations into a trial if the need to do so arises.
You can learn more about our wrongful death services during a free case evaluation with Morelli Law Firm’s personal injury lawyers in Carbondale and greater Illinois.
Your Legal Rights After a Loved One’s Wrongful Death
Unfortunately, not everyone has the right to take legal action on behalf of a deceased loved one. The only party allowed to file a wrongful death claim in Illinois, as stated by the state’s wrongful death act, is the deceased’s personal representative or executor. The state goes into more detail about these restrictions in 740 ILCS 180.
A personal representative must file the deceased’s wrongful death claim within the statute of limitations established for personal injury cases in Illinois. This gives most families no more than two years to bring their cases forward. Personal representatives can refer to 735 Illinois Compiled Statutes section 5/13-202 to learn more about the time limit placed on their case.
Should You File a Wrongful Death Claim?
If you’re contending with your grief, you may find yourself asking: is it worth it for you to file a wrongful death claim on a loved one’s behalf? More often than not, yes. Filing a wrongful death claim may not allow you to force criminal consequences onto a liable party, but it does allow you to seek justice for the negligence that killed your loved one.
Pursuing a wrongful death claim also allows you to secure compensation for a loved one’s passing. You can use that compensation to pay for a loved one’s funeral and post-accident bills.
How Much Is a Wrongful Death Claim Worth?
No two wrongful death claims have the same value. You need to work with a Carbondale wrongful death attorney to calculate the total value of the claim you want to file with a Carbondale civil court. It’s important to account for your and your loved one’s economic and non-economic losses when you present a claim to a civil judge.
Your right to economic damages allows you to hold a liable party accountable for your billable expenses. These expenses can include the cost of your loved one’s funeral as well as their post-accident emergency care. You can also include your personal economic losses in your calculations, including:
- Lost wages
- Lost opportunities for employment
- Loss of consortium
- Loss of companionship and financial support
- Property replacement, restoration, and/or rental
Your non-economic wrongful death damages often do not have an inherent dollar value. Our attorneys can instead calculate those losses’ economic value courtesy of formulas provided by the state. The non-economic losses you can request after a loved one’s death can include pain and suffering, mental anguish, and emotional distress.
Carbondale Wrongful Death Lawyer Near Me 877-751-9800
Should You Work With a Wrongful Death Attorney?
You are not obligated to work with a wrongful death lawyer after a loved one’s passing. Working with an attorney can make the process of seeking civil justice for your loved one’s death more straightforward, though. Our team can get boots on the ground while you and your family focus on recovering from your grief.
You don’t have to commit to legal action in the days or weeks following your accident. You can meet with the personal injury lawyers in your area instead to discuss their services, their experience in civil court, and what representation they can provide you.
Which Parties Can You Hold Liable for a Loved One’s Passing?
If you decide that you want to move forward with a wrongful death claim, you need to know which parties the state of Illinois may allow you to hold liable for a loved one’s death. At the end of the day, your right to hold a party responsible hinges on what evidence of negligence you can find at the scene of the accident.
You can request that a wrongful death attorney in Carbondale return to the scene of your loved one’s passing to bring forward the evidence most relevant to your wrongful death case. This evidence can include recollections of negligence presented by bystanders as well as video or photo footage of the accident.
Our attorneys can also turn to our professional network to secure the expert witness statements you need to defend your assertion of fault.
How Much Evidence do You Need to Establish Fault in a Wrongful Death Case?
There is no right or wrong amount of evidence to bring forward alongside an initial wrongful death claim. Illinois civil courts allow you to undergo discovery if your claim moves forward, meaning that you may have additional opportunities to investigate your loved one’s death after you file your claim.
You can discuss the importance of evidence and its role in both the claim-filing process and your long-term case with our wrongful death attorneys in Carbondale.
Morelli Law Firm Can Help You Act on Your Grief
You deserve the space and resources you need to grieve a loved one’s unexpected passing. Fortunately, Morelli Law Firm’s wrongful death lawyers in Carbondale can help you secure the financial support you need to contend with the expenses tied to a loved one’s wrongful death. You can work with our team to file a personal injury claim today.
Morelli Law Firm spearheads your wrongful death efforts so that you and your loved ones can focus on honoring a loved one’s life. You can request a case evaluation from our team at any time, and trust that we can put our experience in Illinois’s civil courts to work for you.
Request your case evaluation today courtesy of Morelli Law Firm’s website or by calling our office.