Elman Joseph Law Group handles wrongful death lawsuits. For those unaware, wrongful death lawsuits are typically filed by the surviving family members (or other applicable persons) of victims who died in accidents caused by the negligent and/or reckless actions of another party. In cases where the death of a person (referred to as the decedent) was the legal fault of another person, a wrongful death lawsuit may be applicable. The party at fault may be a person, a company, another party, or a government agency.
Losing a family member or friend due to an accident is always emotionally difficult. This is especially so if the death resulted from another person’s (or party’s) recklessness or negligence – or intentional acts. The trial lawyers at the Elman Joseph Law Group understand how emotionally difficult these situations are, and the accompanying many types of stress.
The types of accidents in which wrongful death lawsuits can be filed are numerous. These include:
- Fatal motorcycle accidents
- Fatal car accidents
- Fatal bicycle accidents
- Fatal bus accidents
- Fatal construction accidents
- Fatal truck accidents
- Death caused by a defective product
- Fatal premises liability accidents, which include “slip & fall” accidents
- Fatal work accidents
- Death caused by medical malpractice or other negligent health care, such as that provided by a nursing home
- Other types of fatal accidents
As seen on this site, many people in DuPage County, as well as the greater Chicago metropolitan area, have died during accidents that were the fault of another party. These fatal accidents may be grounds for filing a wrongful death lawsuit against the negligent party.
One such DuPage County accident that led to a wrongful death lawsuit being filed was a November 2014 fatal pedestrian accident in Naperville. In the fatal pedestrian accident, the driver was charged with “running a red light” after which the woman, Emily Driscoll, was struck by the car. The wrongful death lawsuit is discussed in the March 21, 2015 post titled “Wrongful Death Lawsuit Filed Regarding Fatal Naperville Pedestrian Accident.”
Examples of accidents that may lead to a successful wrongful death lawsuit include:
- Other motorists’ negligence causing a fatal accident. For instance, in the case of a fatal motorcycle accident that happens when a car “rear-ends” (i.e. when a car behind the motorcycle collides with the back of) a motorcycle. In these collisions, where the motorcyclist is either immediately killed or later dies from accident injuries – filing a wrongful death lawsuit may be appropriate.
- Other motorists driving while intoxicated: Driving under the influence (DUI) on alcohol, or driving while impaired on drugs, has been a frequent cause of accidents, many fatal, in the Chicago area. These collisions include those caused by “wrong-way drivers” that in many cases are either inebriated and/or “high” on drugs. Often, collisions that occur between such impaired motorists and other vehicles are severe, as the motorist can be highly impaired and as such doesn’t possess the judgment and reflexes to slow down or otherwise avoid a serious accident. Excessive speeds can also exacerbate the severity of the collision.
- Defective car components or car parts: Defective components can cause a motorist or motorcyclist to fatally crash. While there are many parts and components on a vehicle that can cause a crash if they fail during use or are otherwise defective, one of the most critical components in a vehicle is the tires. Fatal accidents can occur during various types of tire failures, including tire blowouts.
- Road debris: Road debris that is hit by a vehicle can cause a crash, and many of these accidents involving road debris have been fatal. Road debris is particularly dangerous if it leads to a loss of control accident. If such road debris causes a fatal accident, if some party was at fault for such road debris causing the accident, that party may be found liable for the fatal accident. Such circumstances may be grounds for a wrongful death lawsuit.
- A “head-on collision” that happens when one motorist loses control of the vehicle and crosses the centerline, thereby striking an oncoming vehicle. These types of loss of control accidents can happen for many reasons, including drowsy or distracted driving. If the driver (or other vehicle occupant) in the oncoming vehicle dies during the accident (or later passes away from accident injuries from the crash) a wrongful death lawsuit may be appropriate.
The reasons for such fatal accidents described above – as well as many others – may be grounds for filing a successful wrongful death lawsuit. As with any accident, Elman Joseph Law Group’s personal injury lawyers can help you determine if the filing of a wrongful death lawsuit can – and should – be done. As well, we will be able to indicate how much the monetary recovery may be (i.e. “how much the case is worth.”)
The Elman Joseph Law Group settled a wrongful death lawsuit for $975,000 in March 2020. This wrongful death case involved a man who died in a Chicago apartment fire. This fire accident and the associated suit is further discussed in the “Elman Joseph Law Group Settles Chicago Wrongful Death Lawsuit For $975,000” post.
There are many types of financial challenges that can accompany the death of an individual. Of course, these challenges vary by each individual fatal accident. For instance, if the person who died was a family’s primary wage earner, financial stresses to the family due to loss of income will likely jeopardize the family’s ability to financially support itself. Other economic and non-economic damages may be applicable depending upon the specific characteristics of the case. Out attorneys can fully explain the applicable damages, as well as explain the legal process for getting compensation.
Our attorneys will protect your rights and allow you to receive the maximum possible wrongful death recovery. We achieve this either through pursuing a suitable settlement, or, if such settlement offers are insufficient, by taking your Illinois wrongful death lawsuit to court.
We are experienced court trial lawyers. Over the last 25+ years, Elman Joseph Law Group has established a reputation, based upon court verdicts achieved, as (highly) successful trial lawyers. As a testament to the success Elman Joseph Law Group has achieved in court verdicts, many well-known Chicago law firms choose to have Elman Joseph Law Group take cases to court.
Over the last 25+ years, Elman Joseph Law Group has handled 10,000+ personal injury cases. Elman Joseph Law Group has established a reputation, based upon court verdicts achieved, as being (highly) successful trial lawyers.
Tony Elman, Lead Attorney of the Elman Joseph Law Group, offers a free legal consultation to those who are looking to file wrongful death cases. During this consultation, he can discuss the process needed to get compensation, and also indicate how much your case may be worth. Tony Elman can be reached anytime at (773) 392-8182.
Elman Joseph Law Group works on personal injury and wrongful cases on a contingency basis — meaning that clients are not charged legal fees unless and until the client receives compensation.