The #1 Edwardsville Wrongful Death Lawyer

Wrongful death lawsuits are any personal injury or negligence lawsuits filed on behalf of an individual who has passed away as a result of another party’s negligence or harmful actions.

We know that a lawsuit will never erase the pain and suffering your family is enduring after a loved one’s passing, but our goal is to alleviate some of the financial burdens and hold the responsible parties liable.

Illinois Laws on Wrongful Death

Illinois has two laws to protect family members affected by a wrongful death:

• Wrongful Death Act: Under this law, family members of a victim have the right to file a claim and recover financial compensation if the deceased victim could have filed a personal injury lawsuit if they had survived the incident.
• Illinois Survival Act: Similar to the Wrongful Death Act, this law states that those in charge of a deceased person’s estate can recover damages that the victim could have reasonably filed for if they survived the incident.

Who Can File a Wrongful Death Claim?

There are laws in the state of Illinois that limit which parties can file for wrongful death on behalf of the deceased.

In order to file, you must meet one or more of the following qualifications:

• You are an immediate family member or close relative to the deceased.
• You are a surviving spouse, life partner, or financial dependent of the deceased.
• You have suffered financial loss or burden as a result of the individual’s death.

Eligibility is not limited to this list, and special circumstances can arise in which others are eligible to take on the role.

If you believe there is an extenuating circumstance, contact a wrongful death attorney at Tor Hoerman Law using the chat on this page to receive an instant case evaluation.

Wrongful death cases in Edwardsville, IL, can occur due to various factors, many of which are related to negligence or intentional wrongdoing.

Some common causes of wrongful death in Edwardsville, IL, include:

• Medical Malpractice: When healthcare providers fail to provide an acceptable standard of care, resulting in a patient’s death, it may be considered medical malpractice and lead to a wrongful death claim.
• Car Accidents: Fatal car crashes caused by negligent drivers, such as those who are distracted, speeding, or under the influence of drugs or alcohol, can result in wrongful death cases.
• Workplace Accidents: If an employer fails to provide a safe work environment or proper safety equipment, and an employee dies as a result, the employer may be held liable in a wrongful death lawsuit.
• Defective Products: When a defective product, such as a faulty vehicle component or dangerous drug, causes someone’s death, the manufacturer, distributor, or retailer may be held responsible in a wrongful death case.
• Nursing Home Abuse: If a nursing home resident dies due to abuse, neglect, or inadequate care, the facility and its staff may face a wrongful death lawsuit.

Investigating the Cause of a Wrongful Death

A skilled Edwardsville wrongful death lawyer will thoroughly investigate the circumstances surrounding your loved one’s death to determine the cause and identify all potentially liable parties.

This investigation may involve:

• Reviewing Documents: Reviewing police reports, medical records, and other relevant documents.
• Interviewing Witnesses: Interviewing witnesses and gathering statements.
• Consulting with Experts: Consulting with experts, such as accident reconstructionists or medical professionals.
• Analyzing Physical Evidence: Analyzing physical evidence and the scene of the incident.

The information gathered during this investigation will be crucial in building a strong case and pursuing compensation on your behalf.

Pursuing Compensation for a Wrongful Death

If someone else’s negligence or wrongdoing caused your loved one’s death, you may be entitled to pursue compensation for damages such as:

• Medical Expenses: Compensation for any medical costs related to your loved one’s treatment prior to their death.
• Funeral and Burial Costs: Reimbursement for the costs associated with your loved one’s funeral, burial, or cremation.
• Lost Income and Benefits: Compensation for the income and benefits your loved one would have earned had they not died.
• Loss of Companionship: Compensation for the emotional distress and loss of companionship, guidance, and support.
• Pain and Suffering: Compensation for any pain and suffering endured by your loved one before their death.

An experienced Edwardsville wrongful death attorney will fight tirelessly to secure the maximum compensation you and your family deserve.

Establishing liability in an Edwardsville wrongful death case involves proving that the defendant’s negligence or wrongful actions directly caused the death of your loved one.

To prove liability, your Edwardsville wrongful death lawyer will need to demonstrate four key elements:

1. Duty of Care: The defendant owed a duty of care to the deceased, meaning they had a legal obligation to act in a manner that would not cause harm.
2. Breach of Duty: The defendant breached their duty of care by acting negligently or wrongfully, failing to uphold the standard of care expected of them.
3. Causation: The defendant’s breach of duty directly caused the death of your loved one.
4. Damages: The death of your loved one resulted in quantifiable damages, such as medical expenses, funeral costs, lost income, and emotional distress.

Gathering Evidence to Support Liability

Your Edwardsville wrongful death attorney will work diligently to gather evidence that supports each element of liability in your case.

This may include:

• Accident Reports and Police Records: Gathering accident reports, police records, and other relevant documents.
• Medical Records and Expert Testimony: Obtaining medical records and expert testimony to demonstrate the cause of death and its relation to the incident.
• Witness Statements and Depositions: Collecting witness statements and conducting depositions to gather testimony.
• Physical Evidence: Analyzing physical evidence, such as photographs or video footage, to support the claim.
• Documentation of Damages: Documenting damages, including medical bills, funeral expenses, and lost income.

The more compelling the evidence, the stronger your case will be when negotiating with insurance companies or presenting your case in court.

Holding Negligent Parties Accountable

Once liability has been established, your Edwardsville wrongful death lawyer will work tirelessly to hold the negligent parties accountable for their actions.

This may involve:

• Negotiating with Insurance Companies: Negotiating with insurance companies to secure a fair settlement.
• Filing a Wrongful Death Lawsuit: Filing a wrongful death lawsuit and representing your case in court.
• Advocating for Your Rights: Advocating for your rights and pursuing maximum compensation.
• Pursuing Punitive Damages: In cases involving particularly egregious conduct, seeking punitive damages to deter similar behavior.

An experienced Edwardsville wrongful death attorney plays a vital role in helping families pursue the compensation they deserve and understand the legal process involved in wrongful death cases.

Some key responsibilities of a wrongful death lawyer in Edwardsville, IL, include:

• Investigating the Incident: Your Edwardsville wrongful death lawyer will thoroughly investigate the circumstances surrounding your loved one’s death, gathering evidence to determine liability and build a strong case on your behalf.
• Assessing Damages: An Edwardsville wrongful death attorney will evaluate the full extent of your damages, including medical expenses, funeral costs, lost income, and the emotional impact of losing your loved one.
• Negotiating with Insurance Companies: Wrongful death lawyers in Edwardsville, IL, are skilled negotiators who can handle communications with insurance providers to ensure you receive a fair settlement offer.
• Representing You in Court: If a fair settlement cannot be reached, your Edwardsville wrongful death lawyer will be prepared to advocate for your rights in court, presenting compelling arguments and evidence to support your claim.

Providing Compassionate Support

In addition to their legal expertise, Edwardsville wrongful death attorneys offer compassionate support to families during this difficult time.

They understand the emotional toll of losing a loved one and strive to provide personalized, attentive service throughout the legal process.

Your wrongful death lawyer in Edwardsville, IL, will be able to:

• Listen to Your Concerns: Listen to your concerns and answer your questions.
• Provide Regular Updates: Keep you informed about the progress of your case.
• Offer Guidance: Offer guidance and support when making important decisions.
• Fight for Your Rights: Advocate for your rights and pursue maximum compensation.
• Handle the Legal Aspects: Manage the legal aspects of your case, allowing you to focus on grieving and healing.

Contingency Fee Representation

Many Edwardsville wrongful death lawyers, including the attorneys at Tor Hoerman Law, work on a contingency fee basis.

This means you pay no upfront costs and only owe attorney fees if your lawyer successfully recovers compensation on your behalf.

Contingency fee representation allows families to pursue justice without the added financial stress of legal fees.

If your loved one has died due to a wrongful death in Edwardsville, IL, you may be entitled to various forms of compensation, depending on the circumstances of your case and the damages incurred.

Common types of damages pursued in Edwardsville wrongful death cases include:

• Medical Expenses: Compensation for any medical costs related to your loved one’s treatment prior to their death.
• Funeral and Burial Expenses: Reimbursement for the costs associated with your loved one’s funeral, burial, or cremation.
• Lost Income and Benefits: Compensation for the income and benefits your loved one would have earned had they not died, including future earnings and retirement benefits.
• Loss of Companionship: Compensation for the emotional distress and loss of companionship, guidance, and support suffered by the deceased’s family members.
• Punitive Damages: In cases involving particularly egregious conduct, punitive damages may be awarded to punish the defendant and deter similar behavior.

Calculating the Value of Your Wrongful Death Claim

Determining the value of your Edwardsville wrongful death claim is a complex process that requires the expertise of an experienced attorney.

Your wrongful death lawyer in Edwardsville, IL, will consider factors such as:

• The Deceased’s Age and Health: Please provide the age, health, and earning capacity of your deceased loved one.
• Circumstances of the Death: The circumstances surrounding their death.
• Extent of Economic and Non-Economic Damages: The extent of your economic and non-economic damages.
• Strength of the Evidence: The strength of the evidence in your case.
• Availability of Insurance Coverage: The availability of insurance coverage or assets held by the liable parties.

Pursuing Compensation Through a Wrongful Death Lawsuit

In some cases, it may be necessary to file a wrongful death lawsuit to pursue the compensation you and your family deserve.

Your Edwardsville wrongful death lawyer will guide you through this process, which may involve:

• Filing a Complaint: Filing a complaint with the court to initiate the lawsuit.
• Discovery: Engaging in discovery, where evidence and information are exchanged with the opposing party.
• Mediation or Settlement Negotiations: Participating in mediation or settlement negotiations to resolve the case without going to trial.
• Presenting Your Case in Court: If a fair settlement cannot be reached, you should present your case at trial.

It’s crucial to be aware of the statute of limitations for filing a wrongful death lawsuit in Edwardsville, IL, as failing to take legal action within the specified time frame can result in losing your right to seek compensation.

In Illinois, the statute of limitations for most wrongful death cases is two years from the date of the person’s death.

However, there are some exceptions and nuances to this rule, such as:

• Discovery Rule: If the cause of death is not immediately apparent, the statute of limitations may be extended to two years from the date the cause of death was discovered or reasonably should have been discovered.
• Minors: If the deceased person’s children are minors, the two-year statute of limitations may not begin until their 18th birthday.

Given the strict time limits and the importance of gathering evidence promptly, it’s essential to consult with an experienced Edwardsville wrongful death lawyer as soon as possible after your loved one’s death to protect your rights and explore your legal options.

The Importance of Acting Quickly

In addition to the statute of limitations, there are other reasons to act quickly when pursuing a wrongful death claim in Edwardsville, IL:

• Preservation of Evidence: Evidence may become lost or destroyed over time.
• Witnesses’ Memories: Witnesses’ memories may fade.
• Quicker Compensation: The sooner you begin the legal process, the sooner you can obtain the compensation you need to support your family.

By contacting an Edwardsville wrongful death attorney as soon as possible, you can ensure that your rights are protected and that your case is handled efficiently and effectively.

If you have lost a loved one due to a wrongful death in Edwardsville, IL, the dedicated personal injury attorneys at TorHoerman Law are here to help.

With years of experience handling complex wrongful death cases and a track record of success in securing compensation for our clients, we have the knowledge, skills, and resources necessary to guide you through the legal process and fight for the justice your family deserves.

Our Edwardsville wrongful death lawyers at Tor Hoerman Law offer free, no-obligation consultations to discuss your case and answer any questions you may have.

We work on a contingency fee basis, meaning you pay no upfront costs and only owe attorney fees if we successfully recover compensation on your behalf.

Don’t wait to seek the legal representation you need—let our skilled wrongful death lawyers in Edwardsville, IL, help you navigate this challenging time and pursue the compensation your family deserves.