Springfield Wrongful Death Lawyer
If you have lost a family member because of another person’s recklessness or intentional wrongdoing, schedule a consultation with our Springfield, IL wrongful death lawyer at Pioletti Pioletti & Nichols. While no amount of money can bring a loved one back, a settlement can bring financial security to a tumultuous time. Call now and stand up for your rights.
How A Wrongful Death Lawyer Can Help Your Claim
There are several different types of wrongful death claims. The most common are caused by:
- Medical malpractice
- A car, motorcycle, or pedestrian crash
- A workplace accident
- Assault
The first step our wrongful death lawyer will take in your case is determining liability. We will gather evidence like medical records, eyewitness statements, and police reports to determine the circumstances that caused your loved one’s death. Then, we consider if their passing could have been avoided if the other parties involved didn’t act negligently.
Going over the details of a family member’s death can be very traumatic, which is why it is important to work with our attorney. We take care of document collection and taking statements so you can focus on grieving and not constantly reliving the tragic passing of someone you loved.
We work to get a settlement through negotiation so your family can avoid the stress of court, but sometimes, it is necessary to go to trial to get financial justice. Throughout the entire process our Springfield wrongful death lawyer will treat you and your case with respect and sensitivity to make your claim go as smoothly as possible.
Justice In Wrongful Death Cases
It is important to recognize that a wrongful death claim or lawsuit is different than criminal charges. Regardless of where the liable stands with state prosecution, that verdict may not have any bearing on your claim. A wrongful death suit recovers financial damages for the loss of life due to negligence. A successful outcome means recouping the cost of medical bills, funeral expenses, and lost income.
In addition to calculating expenses, our wrongful death attorney may suggest including intangible losses in your claim. These figures relate to emotional distress, pain and suffering, and the impact of having love or companionship ripped away from you by the at-fault party’s careless actions. In cases where extreme negligence is involved, like drunk driving, you may be entitled to punitive damages, which is an additional financial penalty judges levy to discourage anyone from behaving similarly in the future.
Many families also find that winning a wrongful death claim helps bring them closure. Their loved one gets some form of justice, even if it isn’t a criminal punishment. The person who caused their death is held accountable, and that can bring some peace of mind to those who are grieving.
Pioletti Pioletti & Nichols has been serving Illinois clients for over 80 years. Call us today to set up a consultation with our Springfield wrongful death lawyer and start standing up for your right to financial justice. With our firm in your corner you can trust that you will receive sound guidance and unparalleled dedication to your case. Our attorneys have the knowledge to get the outcome you deserve.
Eligible Parties In A Wrongful Death Case
Losing a loved one is one of the most painful experiences anyone can face. When the death occurs due to someone else’s negligence or intentional act, the emotional impact can feel even more overwhelming. In these situations, many people consider filing a wrongful death lawsuit to seek justice and compensation for their loss. However, it’s important to understand who has the legal right to file such a claim. To learn if you are an eligible party, meet with our Springfield, IL wrongful death lawyer at Pioletti, Pioletti, & Nichols. Our phone lines are open 24/7 and we are here to help you get justice for your loved one.
Immediate Family Members
In most wrongful death cases, the immediate family members of the deceased are the primary parties who can file a lawsuit. These individuals typically include spouses, children, and parents.
The surviving husband or wife can file a wrongful death suit. As the spouse, they often have the strongest legal standing and can pursue the case on behalf of their deceased partner. Surviving children, whether biological, adopted, or stepchildren, may also have the right to file a claim. The law often treats children as immediate family members who suffer the most direct emotional and financial impact from the death of a parent. If the deceased person was unmarried and had no children, their parents can step in and file a wrongful death claim. This applies to both mothers and fathers, even if they were not the primary caregivers.
Extended Family Members
While immediate family members are the most common parties to file a wrongful death suit, some extended family members may also be eligible, depending on the circumstances and local laws. In certain cases, brothers and sisters of the deceased may be able to file a claim if they were financially dependent on the deceased or if there are no surviving parents or children. In some instances, grandparents may have the legal standing to file a wrongful death lawsuit, particularly if they were financially dependent on the deceased or if the parents of the deceased are no longer alive.
The specific rules around extended family members filing a claim vary by state, so it’s important to consult with our Springfield wrongful death lawyer who understands the laws in your jurisdiction.
Personal Representatives Or Executors
If the deceased person had a will, the executor of that will may be able to file a wrongful death claim on behalf of the deceased’s estate. If no will exists, the court may appoint a personal representative to handle the deceased’s affairs. This representative can pursue damages in a personal injury lawsuit on behalf of the deceased person’s estate, seeking compensation for both financial and emotional damages.
The personal representative does not necessarily have to be a family member. It could be someone chosen by the deceased before their death or appointed by the court. This party’s main role is to represent the estate and handle the legal aspects of the claim. Our wrongful death attorney can advise if you qualify as a personal representative.
Financial Dependents
In some cases, individuals who were financially dependent on the deceased may be eligible to file a wrongful death claim. This can include anyone who relied on the deceased for support, such as unmarried partners or those in long-term relationships who relied on the deceased for financial support may be able to file a wrongful death claim in certain states. Individuals who were financially dependent on the deceased, such as grandchildren or elderly relatives, might be eligible to file, depending on local laws.
These dependents must be able to show that the deceased provided them with financial support, and their claim will typically focus on the economic losses caused by the death.
Non-Family Members And Wrongful Death Claims
In some cases, non-family members may have the right to file a wrongful death suit, though these cases are less common. For example, a person who was in a close relationship with the deceased, such as a caregiver or someone who was financially supported, may be able to file. However, most wrongful death claims are limited to family members or the deceased’s estate. Each state has different rules regarding this, so it’s essential to consult with our personal injury attorney to determine if this applies to your situation.
What To Do After Understanding Eligibility
Filing a wrongful death lawsuit can provide you with a sense of justice and financial relief after the loss of a loved one. Understanding who has the legal right to file a claim is an important first step in this process. Generally, immediate family members like spouses, children, and parents are the most common parties eligible to pursue a wrongful death case. However, financial dependents, personal representatives, and even extended family members in some cases may also have the right to file.
Before taking any action, it’s important to consult with our Springfield wrongful death lawyer who can guide you through the process and help you understand your rights. We can determine if you are eligible to file a claim and assist with gathering the evidence needed to pursue justice for your loved one. At Pioletti, Pioletti, & Nichols, we understand that no amount of money can replace a family member. Founded in 1938, our firm has served Illinois for over 80 years by providing outstanding legal representation and unmatched personal service. Let us help you hold the person responsible for your loved one’s death accountable. Call now to schedule a free case review and discover your options for pursuing legal action.
How Wrongful Death Claims Differ From Personal Injury Cases
The law allows individuals to seek compensation when they are harmed by another party’s negligence. In some cases, the injured person can file a personal injury claim. When the injuries result in death, surviving family members may pursue a wrongful death claim. While both types of cases involve legal action against a negligent party, there are key differences that affect how each case is handled. A Springfield, IL wrongful death lawyer can help families understand their legal options, but it’s helpful to know the distinctions between these claims before moving forward.
Who Can File The Claim
Personal injury cases are brought by the injured party themselves. The person who suffered harm seeks compensation for medical bills, lost wages, and other damages. In wrongful death claims, the lawsuit is typically filed by the deceased person’s estate or specific family members, depending on state law. The purpose is to recover losses suffered by surviving loved ones.
Types Of Damages Sought
In personal injury cases, compensation covers medical expenses, lost income, pain and suffering, and other losses directly experienced by the injured person. Wrongful death claims focus on the financial and emotional losses of the surviving family members. This may include funeral costs, loss of financial support, and loss of companionship.
The Role Of Pain And Suffering
Personal injury claims allow injured individuals to seek damages for physical pain and emotional distress. In wrongful death cases, the deceased’s pain and suffering are not typically part of the claim. Instead, families may seek damages for their own grief and emotional suffering due to the loss of a loved one.
Settlement Or Trial Process
Our Springfield wrongful death lawyer can attest to the fact that both types of claims can result in settlements or go to trial, but wrongful death cases often involve more complex legal proceedings. Since these claims involve proving the financial and emotional impact of the loss, expert testimony and economic assessments may be required. Personal injury cases focus on the victim’s direct injuries, which may be easier to establish with medical records and other evidence.
Statute Of Limitations
The time limits for filing personal injury and wrongful death claims vary by state. While personal injury lawsuits typically must be filed within a certain number of years from the date of injury, wrongful death claims often have different deadlines. Families must act quickly to avoid missing the filing window.
Insurance Coverage Differences
Our wrongful death claim attorney shares that many personal injury cases involve negotiations with insurance companies, whether it’s auto, homeowner’s, or business liability coverage. In wrongful death cases, insurance coverage may be more limited, and defendants may fight harder against large payouts. This can make wrongful death claims more challenging to resolve through negotiation.
Legal Standard For Proving The Claim
Both types of cases require proving that another party’s negligence caused harm. However, wrongful death claims often require additional evidence to show the full financial and emotional impact of the loss. Courts may also examine the deceased’s earning potential and contributions to their family when calculating damages.
Key Takeaways For Families Seeking Legal Action
Wrongful death and personal injury cases have some legal similarities, but they are pursued for different reasons. A personal injury case seeks compensation for an individual’s injuries, while a wrongful death claim helps surviving family members recover losses caused by a loved one’s passing. Each type of case requires a different legal approach, and having the right guidance from a wrongful death attorney can make a significant difference in the outcome.
If your family is considering a wrongful death claim, speaking with an attorney can provide the support needed during this difficult time. A Springfield wrongful death lawyer can review the details of your case and explain the next steps. Established in 1938, Pioletti Pioletti & Nichols is available to discuss your legal options with our fatal accident lawyer and help you pursue the compensation your family deserves. Schedule a consultation today, we offer 24/7 live call answering.
