Wrongful Death Lawyer
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Compassionate Representation during Your Toughest Times
At the law firm of Rubin & Machado, wrongful death cases are treated with the utmost degree of sensitivity and compassion. Our personal injury attorneys will provide you with the support you need and the respect you deserve while you deal with what is perhaps the most difficult event of your life.
Should you choose to pursue legal action against the party responsible for your loved one’s death, we will handle all the details of your case, leaving you time to heal.
If you’re considering taking legal action against the person who caused your loved one’s wrongful death, please contact our Chicago office to set up a free consultation.
Call Us: (312) 327-1840
"No amount of money can replace what you've lost, but our attorneys can help you achieve some level of justice with a wrongful death lawsuit."
Wrongful Death in Illinois: What You Should Know
The Illinois Wrongful Death Act
The Illinois Wrongful Death Act will be the foundation of any wrongful death claim our Chicago attorneys make on your behalf. This legislation defines wrongful death as any death caused by "wrongful act, neglect or default." It also holds that whenever a person dies as a result of an action that could have been the basis of a personal injury lawsuit, the party responsible for that action is liable in a wrongful death lawsuit.
The Illinois Survival Act
While the Wrongful Death Act allows the deceased person's surviving family to recover compensation through a wrongful death lawsuit, the Illinois Survival Act allows the deceased person's estate to recover compensation for any damages the deceased person may have incurred between the moment of their injury and the moment of their death. It is possible to initiate legal action under both the Wrongful Death Act and the Survival Act simultaneously.
The Statute of Limitations
In almost all cases, the statute of limitations for a wrongful death case is two years. That means the deceased person's family has two years from the date of their death in which to file a wrongful death claim. However, that doesn't mean you should wait for two years before consulting with a wrongful death lawyer. It can take months to properly investigate and build a viable wrongful death case, so your family will benefit if you contact our Chicago wrongful death lawyers as soon as possible.
Who Can File a Wrongful Death Lawsuit?
Illinois law states that only the personal representative of a deceased person's estate has the right to file a wrongful death claim. A personal representative is usually designated in a will. If the deceased did not specify a personal representative, then the court will assign one during the probate process. The court will almost always select the surviving spouse or next of kin as the personal representative.
In cases where children suffer wrongful death, the parents have the right to file a wrongful death lawsuit.
Fatal Traffic Accidents
In Cook County in 2020, 369 people died in traffic accidents, according to the Illinois Department of Transportation. The personal injury attorneys at Rubin & Machado represent victims of all kinds of motor vehicle accidents, including:
- Car Accidents
- Hit and Run Accidents
- Truck Accidents
- Bus Accidents
- Pedestrian Accidents
- Motorcycle Accidents
- DUI Accidents
- Train Accidents
If a family member has died in a traffic accident, contact our Chicago law firm for a free consultation. We can investigate the circumstances of the crash and help you file a wrongful death claim.
"Our law firm has recovered millions of dollars for personal injury victims and their families."
Fatal Medical Malpractice
According to a study from Johns Hopkins University, more than 250,000 Americans die every year because of medical errors. If you suspect that medical malpractice contributed to the death of your loved one, consult with Rubin & Machado. We handle a variety of medical malpractice cases, including those involving:
- Birth Injury
- Failure to Diagnose or Misdiagnosis
- Hospital-Acquired Infections
- Surgical Errors
- Pharmacy Errors
- Nursing Home Abuse
- Negligent Follow-Up Care
Medical malpractice can be difficult to prove, but when you work with a respected law firm like Rubin & Machado, you give your family the best possible chance of recovering compensation for your losses and holding negligent doctors accountable.
