A wrongful death attorney in Edwardsville can pursue damages for your loved one’s wrongful death. Losing someone can be overwhelming, particularly when the victim is the household’s main provider. A wrongful death in the family can bring expensive funerary costs on top of medical bills that can also be costly.
But in most cases, close relatives can present a claim for their loved one’s damages and wrongful death. It is important, however, to look for the legal support of an experienced law firm such as Morelli Law Firm to file your case since there are many steps to take before recovering financial compensation.
How to Pursue Damages After a Loved One’s Wrongful Death
You may be entitled to pursue damages if you lost a loved one in an accident or due to someone’s carelessness or negligence. However, you should contact an Edwardsville personal injury attorney because there are many aspects to consider to file a wrongful death claim.
- Determining liability. You need to know who is liable for your relative’s wrongful death to pursue damages from them or their insurance. One of the first steps in a claim is to bring evidence of how the liable party caused your loved one’s passing.
- Calculating damages. Calculating damages can be complicated, especially for non-economic damages. You need to collect all your bills and receipts and calculate an appropriate amount for intangible losses, such as loss of consortium, reduced earning capacity, or psychological injuries.
- Negotiate a settlement. Many wrongful death claims can be solved through an insurance claim with the liable party insurance company. However, that requires a private investigation and enduring stressful negotiations with insurance adjusters.
- Present your case in court. In some occasions, the at-fault party is not willing to settle. In those cases, you should be ready to present your legal claim in an Illinois courthouse, where a judge will decide a verdict.
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Types of Compensation a Wrongful Death Attorney Can Recover in a Claim
Surviving family members may be entitled to pursue different types of damages for their relative’s wrongful death. Damages are usually divided into Punitive, economic, and non-economic damages.
Punitive damages can be granted in cases of extreme negligence or when the responsible party’s actions were intentional. However, only a jury can award punitive damages, so only they can determine the amount.
Nevertheless, your wrongful death attorney can help you calculate an amount for your economic and non-economic damages and then pursue that compensation in either a financial settlement or a jury verdict.
Economic and Non-Economic Damages in a Wrongful Death Case
In most cases, the victim’s family is entitled to pursue compensatory damages, which include economic and non-economic damages. Economic damages are financial losses, such as medical bills, lost wages, or property damage.
Non-economic damages are personal losses that can leave psychological consequences on the victims or the surviving family members, such as pain and suffering, emotional distress, or loss of consortium. An experienced law firm can include damages for your loved one’s pain and suffering before passing away.
The most common compensatory damages we recover for our clients are:
- Emergency services. Including the costs of ambulance bills, life support services, and surgeries.
- Medical bills. If your loved one was taken to a hospital before passing away, you might include their medical bills in your wrongful death claim.
- Property damage. Your loved one’s accident may have caused damages to their vehicle or other personal property.
- Lost wages. The wages and work benefits your loved one stopped receiving, and the loss of income when the victim was the main household provider.
- Pain and suffering. An experienced wrongful death attorney may help you recover damages for the pain and suffering your loved one experienced during the accident.
- Loss of companionship. Surviving family members may require time and therapy to overcome the passing of the victim, particularly small children.
- Psychological consequences. Many relatives can develop post-traumatic stress disorder, depression, and anxiety because of wrongful death.
Every wrongful death case is different, which is why damages also differ. But an Edwardsville personal injury lawyer can look at your case and determine the damages you may be entitled to recover.
Accidents that Can Cause a Wrongful Death
Many accidents happen in Edwardsville all the time, but unfortunately, many end up in wrongful death. However, wrongful deaths can occur in many different circumstances. These are some of the accidents that cause the most wrongful deaths:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Construction Accidents
- Medical Malpractice
- Defective Drugs
If your loved one’s accident was different but caused by someone else’s negligence, you should talk to your attorney because you may be entitled to file a claim for damages against them.
The Time Limit for a Wrongful Death Claim in Edwardsville
If you lost a loved one in a wrongful death accident and want to pursue damages, you must pay attention to the Illinois statute of limitations, which is two years. However, taking legal action quickly is also important because some conditions can change and reduce that period.
Even if you have two years to file a claim, you should talk to a legal representative as soon as possible. A legal firm like Morelli Law Firm can negotiate an economic settlement with the party at fault, so you don’t have to go to trial. But to do that, we need enough time to investigate your accident and build a strong case.
Wrongful Death Lawyers Ready to Help in Edwardsville
The experience of losing a close relative can have severe consequences on your psychological health and finances. Still, if a drunk driver, an irresponsible truck company, or a defective drug caused their wrongful death, you might be entitled to file a legal claim.
Wrongful death cases can be complicated, particularly after a loved one’s passing. Still, our attorneys can take care of the legal aspect, so you can spend time counseling your family. Contact our lawyers today to find answers to all your legal questions and develop a strategy to recover damages.