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.
What a Wrongful Death Lawyer Can Do For You
Examine Your Case
A wrongful death lawyer can help examine your situation to determine whether or not you should file a wrongful death claim in the first place. It is important to file your claim sooner rather than later because of filing deadlines, but you might be unsure of whether or not you have a case at all. A wrongful death lawyer in Bloomington, IL, can look at all of the relevant facts and give you specific instructions on how to move forward with your case.
Build Your Case
Once you decide to file, you will start by gathering evidence and preparing your case. It might be difficult to know which evidence is relevant, especially if you are in the midst of an emotional family crisis. Your case will be stronger and have the highest chance of success if it is built by an experienced team of professionals.
Determine How Much Compensation You Deserve
You need to decide how much, as well as which types, of compensation to pursue. You may not be aware of the varying types of damages that are available for you to seek in a wrongful death claim. Even if you are, you might not have a good idea of how much compensation would be fair for you to seek. A wrongful death lawyer in Bloomington, IL, can help you determine exactly how much you and your family are entitled to.
Once you have filed your claim, you need a professional to champion your cause and follow every possible lead to ensure that your claim is successful. Most wrongful death claims will not end up before a jury. Most claims will be settled by lawyers before it comes to a trial. Having the professional representation of Pioletti Pioletti & Nichols can ensure that your claim gets the fair treatment it deserves.
Wrongful death claims happen when someone dies and another party is fully or partially at fault. Filing a claim and pursuing compensation are all pieces of the larger goal of seeking justice. This is what responsible and professional lawyers like those at Pioletti Pioletti & Nichols do every day for their clients. It is important to remember that you and your family members have suffered a grievance. By seeking the services of a wrongful death lawyer in Bloomington, IL, you and your family can ensure you’ll get the justice you deserve.
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.
Five Common Misconceptions About Wrongful Death Claims
If It Was an Accident, You Can’t File a Wrongful Death Claim
The majority of wrongful death lawsuits involve accidents that happened because someone was being negligent or reckless. Only a very few result from intentional acts like homicide or assault. Just because it was an accident doesn’t make it any less a wrongful death.
Money Is the Only Purpose
Nothing can make up for the loss of your loved one. However, you have a vehicle to cover losses such as medical bills, emotional suffering, lost future wages and funeral costs. On top of the financial damages, you can gain some peace of mind that the party who killed your loved one is being held responsible. Your wrongful death lawyer in Bloomington IL, can help you determine the exact damages you’re eligible for.
You Had Life Insurance, so You Don’t Need to File a Wrongful Death Claim
If your loved one had the foresight to obtain a life insurance policy, you’re in a better financial position to cover the funeral costs. However, life insurance is a one-time lump sum payout. It doesn’t cover medical bills, lost future wages, loss of companionship or loss of household services.Your Pioletti Pioletti & Nichols wrongful death lawyer in Bloomington IL can help you decide how much to sue for.
You Shouldn’t File for Wrongful Death Until You’re Done Grieving
Losing a loved one is a gut-wrenching, soul-crushing experience. It can feel like you’re never going to be happy again. You may be tempted to put off filing a wrongful death lawsuit until after you’re done grieving. This is a bad idea for a few reasons.
- There’s a statute of limitations on when you can file a wrongful death lawsuit. In Illinois, that time frame is two years from the injury that led to death.
- Memories fade with time. Witnesses may no longer clearly remember what happened when your loved one was hurt or killed.
- Records could be lost or falsified. The more time that passes, the less likely you are to find clear, correct records.
Valid Wrongful Death Claims Put People in Jail
Wrongful death claims are a civil matter, not a criminal one. If there is a criminal case, it’s separate from the civil one, though the outcome of the criminal trial may have an impact on the civil case. For example, if someone is found guilty for the DUI accident that killed your spouse, that verdict makes it more likely that a wrongful death claim will go in your favor. Your wrongful death lawyer in Bloomington IL at Pioletti Pioletti & Nichols can explain more about the connection or lack thereof between the two court systems.
4 Key Stages of Wrongful Death Lawsuits
Losing a loved one because of the negligence of a third party can be incredibly difficult to deal with. With the victim is no longer around to defend themselves, it is up to their loved ones to file a lawsuit on their behalf, seek justice for their death, and even receive the appropriate compensation with the help of a wrongful death lawyer in Bloomington, IL. Understanding the main points of a wrongful death lawsuit may help you decide whether or not to pursue a case.
1. Establishing Duty of Care
When it comes to knowing whether or not you have a valid claim, any wrongful death lawyer in Bloomington, IL will tell you that establishing duty of care is one of the first steps. In essence, duty of care is a legal term that refers to the legal and moral obligation people have to keep others from harm. This concept is very important for service-based duties, such as taxi drivers or doctors. If the established duty of care was breached and that breach led to the death of your loved one, they could be held legally responsible.
2. Proving Negligence
A breach of the standard of care is usually through negligence, recklessness, or intentionality. Negligence can be general and have wide-reaching applications, but as the plaintiff, you have to prove that the third party exhibited negligent behaviors that led to your loved one’s death. With the help of a wrongful death lawyer in Bloomington, IL, you can investigate the circumstances surrounding the death, including gathering evidence and witness testimony.
3. Working Within the Statute of Limitations
Every state has a different statute of limitations for wrongful death lawsuits, and Illinois gives people two years from the date of death, so make sure you file within this timeline. It’s better to file sooner than later, as filing closer to the end of the statute of limitations tends to look suspicious to the court.
4. Collecting Damages
You can collect various types of damages, and an experienced wrongful death lawyer in Bloomington, WI can help you get the max amount. Damages are typically split into two types: economic and noneconomic. Economic damages cover hard losses, such as the loss of financial support, medical bills, and funeral expenses. A family may have relied on the contributions of the deceased, so suing the at-fault party could help remedy that financial strain. Noneconomic damages include pain and suffering and punitive damages. Talk to your lawyer to find out what options are available to you.
If you would like to speak with a Bloomington, Illinois wrongful death lawyer, call Pioletti Pioletti & Nichols.