Informative Wrongful Death Attorneys in Mt. Prospect, Des Plaines, Arlington Heights, and Surrounding Areas
Get answers to your most pressing questions
The loss of a loved one leaves most of us with many questions. Whether they died in a vehicle accident, because of a defective product, due to medical malpractice or in another way, you are likely looking for answers.
Allegretti & Associates can help. For more than 35 years, wrongful death lawyer James L. Allegretti has been providing information, support and advocacy for people who have lost loved ones to wrongful death in Park Ridge, Des Plaines, Mt. Prospect, Evanston, Schaumburg and Arlington Heights.
- What is wrongful death?
- What is the difference between wrongful death and medical malpractice?
- What is the statute of limitations for filing a wrongful death claim?
- Who can sue for wrongful death?
- Who can win damages? How are they determined?
Contact the firm now
Allegretti & Associates is a caring firm that wants to assist you in your time of need. Please read the answers to our most frequently asked questions about wrongful death.
If you want to learn more about bringing a wrongful death case against the person or organization who is partially or totally responsible for the death of your loved one, contact the firm online or atright now.
What is wrongful death?
A wrongful death means that the person who died was injured and killed because of negligence or an intentional act, and the death had a negative emotional and financial impact on those bringing the suit (usually close family members).
Wrongful death can result from various situations, including auto accidents, medical malpractice, occupational hazards, defective products and murder.
What is the difference between wrongful death and medical malpractice?
Medical malpractice occurs when a physician or other healthcare provider acts negligently or recklessly in providing care to a patient, resulting in injury or death. Such cases often look at whether the healthcare provider followed the accepted standard of care within the practice area.
A wrongful death could result from medical malpractice or any number of other situations including defective products, auto accidents or occupational hazards.
What is the statute of limitations for filing a wrongful death claim?
States set the time in which a wrongful death suit may be filed. In Illinois, the Wrongful Death Act says that such suits must be filed within two years of the death. Contact wrongful death lawyer James L. Allegretti for more details.
Who can sue for wrongful death?
In Illinois, a personal representative of the deceased must be named to bring a wrongful death suit. Only a surviving spouse or next of kin of the deceased — who can be named as the personal representative — can recover damages. Next of kin includes an adopting parent and adopted child, who are treated as the natural parent and natural child.
Who can win damages? How are they determined?
The deceased’s surviving spouse or next of kin can recover damages. Next of kin includes an adopting parent or an adopted child, who are treated as the natural parent and natural child.
Determining the amount of money that a surviving spouse or next of kin can collect is not always clear-cut. Payments for the decedent’s medical bills and burial expenses can be recovered. Other recoverable damages include:
- An estimate of the amount of wages that the person who died would have earned if he or she had lived
- Pain and suffering experienced by the survivors caused the absence of the deceased person