Wrongful Death Lawyer Bloomington, IL
Wrongful Death Lawyer Bloomington, IL
Losing a family member to the negligent actions of someone else can be devastating. If you are on this page, you may be looking for answers because you have recently lost someone. The emotions you may be experiencing are likely overwhelming, and you may even feel unsure about how strong you are to go through with taking legal action. As a leading Bloomington, IL wrongful death lawyer, we would like to offer you our condolences at this time. We also want you to know that we are here for you; ready and able to take care of the important steps so that you can focus on grieving and healing. At Pioletti Pioletti & Nichols, we have successfully handled, and won, a broad range of wrongful death cases, lending the necessary knowledge and resources that can make a significant difference in our clients’ future. We know that a tragic death can have lasting effects. Our wrongful death lawyers in Bloomington, Illinois would like to assist you in getting justice and compensation that you deserve. Call our firm today to learn more.
Should You File a Claim?
If you’ve lost a loved one to negligence, recklessness, or malicious intent, you may feel angry and overwhelmed. If you are like some people, you might feel that you are too upset to take legal action; others are very eager to do so. All situations are different, but what we often see is that wrongful death claims tend to help families find closure, as well as financial support through recovering compensation from the negligent party. Filing a claim is not always an easy decision to make.
Whether you should take legal action will be dependent on the circumstances of the death. A wrongful death lawyer Bloomington, IL has to offer can review your case and help you to know whether you have grounds to pursue a legal claim. In general, a majority of those who can legally pursue compensation will do so. This is not only to recover money that may help to cover expenses, but to also assist in preventing others from suffering a similar injury by the negligent party.
If you are looking for a knowledgeable wrongful death lawyer in Bloomington, IL to represent you and your family, please know that you have found the right firm. Our lawyers have an impressive success rate in representing families who’ve lost someone in the following ways:
- Car accident
- Truck accident
- Pedestrian accident
- Medical malpractice
- Birth injury
- Workplace accident
- Construction accident
- Fires and explosions
- Premise liability accident
- + More
Following any fatal accident, it is prudent that any available evidence is preserved. If the alleged negligent party is savvy, it is certainly possible that they may attempt to destroy evidence. Many law firms have dealt with this type of behavior which is why we always encourage plaintiffs to take legal action as soon as possible. At Pioletti Pioletti & Nichols, we work with expert witnesses and investigators who can immediately begin an investigation, collect evidence, take witness statements, and send evidence preservation letters out. If you’ve lost someone to negligence, call a wrongful death lawyer in Bloomington, IL now.
A Wrongful Death Lawyer Answers Your Commonly Asked Questions
When Can a Wrongful Death Claim Be Filed?
Wrongful death claims are lawsuits that are brought against a person, business, or other legal entity that has somehow caused the death of another. Wrongful death can occur as a result of negligence, recklessness, or as a result of intentional actions. A wrongful death claim is designed to allow those close to the deceased person, or even the estate, to sue the person or organization that is legally responsible for the loss of the deceased. While laws vary from state to state, wrongful death claims are generally filed by the executor of the decedent’s estate. This person will often act on behalf of the surviving family members. When a loved one and/or executor is interested in filing a wrongful death action, it is a good idea to consult with an experienced wrongful death lawyer Bloomington, IL residents rely on. Working with the team at Pioletti Pioletti & Nichols will help to ensure that you understand your legal options and that your rights are protected as you move forward with a wrongful death action.
When Is A Wrongful Death Claim Suitable?
Generally speaking, a wrongful death claim can be brought against a person or organization after someone has died as a result of wrongful action on the part of the defendant. There are several situations that could inspire someone to call our Bloomington, IL wrongful death lawyer team with the intention of filing a wrongful death action:
- Intentional fatalities. When someone knowingly puts into the course of events actions that result in someone else’s death, these are intentional fatalities. One of the most common instances would be a homicide.
- Motor vehicle fatalities. There are quite a few instances where a wrongful death suit involving a fatality in an automobile accident would be applicable. For example, the manufacturer may be responsible for a faulty part that caused the death of someone else. Conversely, another driver may be held responsible for killing someone while they were driving under the influence.
- Medical malpractice fatalities. A wrongful death lawsuit brought against a doctor may be suitable in certain cases. For example, if a doctor failed to diagnose a condition, or his or her negligent actions resulted in the death of a patient, they may be legally responsible for the patient’s death.
This list is in no way exhaustive. These are just a few examples of situations that may result in grounds for a wrongful death claim. In almost any kind of personal injury that results in death, a wrongful death claim would be suitable. However, as all cases are different, it is important to speak with a Bloomington, IL wrongful death lawyer before making any assumptions about your situation specifically.
What Needs to Be Proven During a Claim?
To hold a party responsible for the decedent’s death in a wrongful death claim, the burden of proof falls on the representative who files the claim. It must be shown that the defendant owed the duty of care to the victim. Not only that, but it must be proven that the defendant not only breached this duty, but that the breach of duty was what resulted in the death of the decedent. The plaintiff must also show that the death resulted in damages. Our Bloomington, IL wrongful death lawyer understands the ins and outs of wrongful death actions and would be more than happy to advise you of your options.
Who Can Pursue A Wrongful Death Lawsuit For a Fallen Loved One?
Wrongful death can happen when someone dies because of another’s misconduct or negligence. While there may be a criminal prosecution case against the offender, a wrongful death claim or lawsuit can be filed through civil court as well. Grieving family members may want to pursue legal action for justice for their fallen loved one. In wrongful death lawsuits, the surviving family can often receive a monetary award for their loss.
Because wrongful death lawsuits can be immensely emotional and tragic, having a dedicated wrongful death lawyer in Bloomington, IL to rely on is imperative to the outcome of the case.
In what instances may wrongful death happen?
There are various scenarios that may cause a wrongful death lawsuit to come to fruition. Perhaps someone passed away due to a car accident, medical malpractice, manufacturing defect, toxic tort, or criminal activity. Every state has its own set of laws pertaining to wrongful death, including criteria for filing a lawsuit. Family members who aren’t sure if they are eligible to file for a wrongful death case are encouraged to visit with an experienced Bloomington, Illinois wrongful death lawyer in their area, who has represented these sensitive and complex lawsuits before.
Which family members can pursue a wrongful death lawsuit?
Depending on the state you live in, a wrongful death lawsuit can be pursued with help from a wrongful death lawyer in Bloomington, IL on behalf of survivors who endured harm and loss after the decedent’s passing. These survivors are referred to as “real parties in interest”, and may include children, spouses, or parents of unmarried children. In certain states, grandparents, siblings, financial dependents or putative husbands/wives are eligible to seek damages.
How does a wrongful death lawsuit begin?
Once the eligible surviving family members decide they want to pursue legal action, they must gather evidence that proves the death was caused by another’s careless behavior, intentional actions, or negligence. During this time, it is strongly advised that the surviving family members get help from a Bloomington, IL wrongful death lawyer who is knowledgeable of the nuances pertaining to wrongful death cases.
What types of damages can be collected in the lawsuit?
Both noneconomic and economic damages can be sought by the surviving family. Economic damages can include losses like loss of consortium, loss of support, loss of inheritance prospect, out-of-pocket expenses, medical costs, and funeral expenses. Examples of noneconomic damages entail pain and suffering that the deceased experienced prior to death. The court may decide to award punitive damages if the decedent passed due to gross negligence or egregious conduct.
What does it mean to file a “survival action”?
The decedent’s surviving family members may file a survival action, which is for situations when the decedent doesn’t pass away immediately and a personal injury lawsuit is pursued. This claim enables the decedent’s estate to receive damages for pain and suffering he or she endured before passing away. The court will likely evaluate the degree to which the decedent was aware that death would happen, how conscious they were, and severity of pain experienced before passing.
If you would like to speak with a Bloomington, Illinois wrongful death lawyer, call Pioletti Pioletti & Nichols.