Rockford Wrongful Death Lawyer

Under any circumstance, losing a loved one is nearly impossible to bear. But when someone else’s negligence caused your loss, you deserve compensation for your suffering. A Rockford wrongful death attorney can help.

Losing a loved one is a catastrophic event that will change your life forever. A fatal accident is serious, and the responsible parties must be identified and held accountable, not only so we can get you the compensation you deserve, but also to keep them from doing this to anyone else in the future.

A Rockford wrongful death lawyer can thoroughly investigate the accident and help you decide how best to go about seeking compensation. Here at Mahoney & Mahoney, LLC, we’ll treat you like family and work hard to get you the compensation you deserve after your unimaginable loss.

Common Deadly Accidents in Rockford

A wrongful death lawyer in Rockford will investigate the accident that caused your loved one’s death, speak to witnesses and neighbors, and figure out exactly who is responsible.

Many accidents—even seemingly minor ones—can become deadly. For an elderly person, a slip-and-fall accident that would be painful for a younger person could easily become fatal. Others, like a violent car crash, are more clearly deadly.

Some of the most common types of deadly accidents in Rockford include the following:

Car accidents of any type, whether due to a drowsy driver or a faulty part, sometimes result in death.
Construction accidents usually fall under workers compensation coverage, but if a party other than your loved one’s employer is at fault, then a suit for personal injury or wrongful death can be filed.
Premises liability accidents like dog attacks and swimming pool drownings are all too common.
Product liability accidents can include a gas grill that explodes or a defective motorcycle part that causes a fatal crash, among other incidents.

Statute of Limitations in Wrongful Death Lawsuits

The statute of limitations for wrongful death claims in Illinois is technically one year, but the underlying cause of wrongful death is generally a personal injury, which has a two-year limitation. This means you have at least one year from death and likely two years from the initial injury to file a claim.

Who Can Sue for Wrongful Death in Rockford?

Every state limits who is allowed to file a wrongful death lawsuit to certain individuals, usually immediate family members. Illinois specifically allows the spouse, next of kin, and minor or adult children to file a wrongful death lawsuit and receive compensation.

Rockford Wrongful Death Compensation

The compensation you can receive with a successful Rockford wrongful death claim is decided by the level of dependency each person had on the deceased, which is dependent on the circumstances as decided by a court assessment.

Generally, family members can receive compensation for the following:

Medical costs for attempts to save the deceased person’s life
Expected income loss estimated into the future
Grief, sorrow, and mental suffering of the family
Pain and suffering of the deceased person prior to death
Psychological therapy for the family
Loss of consortium, companionship, and care
Property damage, if applicable

Funeral and burial expenses are usually given directly to the deceased person’s estate.

Dealing with Insurance Companies’ Tactics

Even in the event of a catastrophe like the death of a loved one, insurance companies are only interested in their bottom line. If your wrongful death claim involves an insurance company, you will likely find that insurers will do anything they can to minimize the compensation they’re required to pay out.

This includes trying to blame the deceased for all or part of the accident. Insurers often misuse Illinois’ comparative negligence policy to reduce what they owe your family. Modified comparative negligence allows multiple parties to share the blame for an accident and proportionally reduces compensation for victims if they are partially to blame.

Under this policy, if you’re awarded $1 million, but your loved one is found to be 10 percent at fault for his or her death, you’ll only receive $900,000.

This might not seem like much of a difference, but the losses associated with your loved one’s death likely will extend far into the future. Your wrongful death lawyers in Rockford will do what we must to protect your family and keep insurers from taking advantage of you.

Speak with a Rockford Wrongful Death Attorney

Your loss cannot be healed with compensation, but you and your family need to be financially secure while you grieve. The lost income and other economic expenses of losing a loved one can be enormous, but the emotional suffering of losing a loved one needs to be addressed with proper compensation, as well.

A qualified lawyer will not only represent you in negotiations and court, but we’ll be there for you throughout the entire process to advise you and answer any questions you may have. The attorneys at Mahoney & Mahoney, LLC will do all we can to make you comfortable while we fight for every bit of compensation you deserve as you grieve and heal.

When you’re able, call us at 815-656-4600 or fill out the online contact form below to schedule a free consultation with a Rockford wrongful death lawyer.

Rockford Wrongful Death FAQ

When you’ve suffered the loss of a loved one in a preventable accident, you will find yourself overwhelmed with emotions and questions. You’re angry and hurt, and you want justice. But you also want to figure out how and why this happened.

Although nothing can bring your loved one back to you, finding out what caused the accident and who is responsible will bring closure to your life. Fighting for justice is also important, because whoever caused your loved one’s death must be held accountable for his or her actions, if only to prevent others from being injured or killed.

Seeking compensation may seem strange, but remember that fair compensation can allow you to honor your loved one’s name in the way he or she deserves. You have questions that need answering, so you are welcome to call our office at any time to speak with an attorney about your case during a free case discussion.

We’ve answered some frequently asked questions below for your convenience.

Can I sue a doctor or medical provider for the wrongful death of a loved one?

Yes, you can file a wrongful death lawsuit against a hospital, doctor, or other medical facility or provider. If you believe your loved one died because of a medical professional’s negligence or because of a hospital or medical facility’s inadequate care, you can sue in civil court. Medical negligence can cause wrongful death.

Can I file a wrongful death claim on behalf of a child?

Yes, you can file a fatal accident claim on behalf of a child. You can also be awarded the same types of damages, such as pain and suffering, funeral and burial expenses, and medical costs. You may not be able to seek damages for missed work wages, however, because the child wasn’t working prior to the wrongful death.

How long will a wrongful death claim take to resolve?

Unfortunately, there’s no single answer to this question. Fatal accident cases in Rockford can take a few months to a few years to be resolved. It will depend on several factors, such as how many liable parties are involved, how many insurance companies are involved, and whether the other side is being reasonable.

Will I have to go to court for my wrongful death case?

Sometimes, you will have to go to court for a wrongful death case, but most of the time, these cases can be settled out of the courtroom. It all depends on the negligent parties and their willingness to offer you fair compensation. If they refuse to compensate you for the losses this wrongful death has caused you, then court is a real possibility.

Can I sue more than one party for a wrongful death?

Yes, you can. There are many occasions when more than one entity could be liable for the death of your loved one. For example, auto accidents and medical malpractice cases often have more than one negligent party. For a fatal auto accident, you could sue more than one driver. In a medical negligence case, you could file against a doctor and the hospital.