The CDC estimates there were more than 200,000 unintentional injury deaths in 2020. Some of those deaths involved an accident caused by someone else. Nothing can replace your loved one who was lost in a preventable accident. But receiving thousands or even millions of dollars in a wrongful death lawsuit can reduce your financial stress and offer a sense of justice for the loss.
The chances of winning your Illinois wrongful death lawsuit hinge on many factors. One of the most important is hiring skilled and savvy Winnebago County wrongful death attorneys. Below is an overview of the legal process and critical factors in winning your wrongful death case.
Wrongful Death Lawsuit Elements
The odds of prevailing in your wrongful death lawsuit depend on what your attorneys can prove at trial. Your Rockford wrongful death lawyers must prove these four elements:
- Duty: Was there an obligation the person had to your loved one’s well-being and safety?
- Negligence means you must prove the other party or entity acted negligently. This means they failed to take reasonable care that they should have taken to protect the deceased.
- Causation: You must prove that the negligence was a direct cause of the death.
- Damages: You must show that you have damages and loss from the death that can include medical expenses, burial costs, loss of future income from the deceased, loss of support and guidance, and pain and suffering of the deceased.
Winning A Wrongful Death Lawsuit
The Winnebago County wrongful death lawyer will start by interviewing you and your loved ones to collect vital information about your family member’s death. For instance, there are over 40,000 fatal car accidents per year. So if your father died in a car accident, your attorney would review the police report, witness statements, video footage of the incident, and the law enforcement investigation.
If the wrongful death involves a medical error, the attorney will review your relative’s medical records and probably consult with medical experts. The medical experts may offer insights about the standard of care and whether the doctor acted with the care and skill that another doctor would have.
If a skilled attorney with a strong track record accepts your case, you stand a good chance of winning a settlement or award.
How Your Attorney May Obtain Justice For Your Loss
After the attorney and staff collect evidence, they may decide that your case is strong enough to win. Usually, the attorney will file the lawsuit for you, with one or more close family members listed on the suit.
Most wrongful death cases result in a settlement. This is because trials are expensive for all sides, and juries are unpredictable. It may be best to have the attorney negotiate the best possible settlement, but sometimes, going to court is necessary, too.
Want To Win? Contact Winnebago County Wrongful Death Lawyers Now
Wrongful death lawsuits are complex and challenging to prove. You can wager that the defendant’s insurance company will fight tooth and nail to reduce the value or deny your claim outright.
You should retain a Winnebago County wrongful death attorney serving Rockford, Belvedere, Loves Park, DeKalb, Poplar Grove, Byron, and Freeport. Our attorneys will carefully review your case evidence and liability to determine if a favorable outcome is possible. Then they’ll fight aggressively to get you the money you deserve for your devastating loss.
For more information, please contact attorneys David Monteleone and John Fisk to fight for your rights. Call our firm in Winnebago County and Rockford for a free consultation at: (815) 315-0576.