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Wrongful Death

When the negligent acts of an individual cause another person to be injured, the injured party can file a personal injury lawsuit to claim financial compensation. If an individual dies as a result of another party’s negligence, a type of personal injury claim can be filed on their behalf. This kind of lawsuit is called “wrongful death.”

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Car Accident Cases We Handle

There are a number of scenarios where a victim’s family may want to file a wrongful death lawsuit, including:

  • Vehicle accidents. If a car accident victim dies as a result of their injuries, and the accident was caused by another party, there are grounds for a wrongful death lawsuit.
  • Medical malpractice. A mistake or willful act by a medical professional may result in the death of a patient.
  • Workplace hazards. Dangerous conditions in the work environment can lead to the death of an employee.
  • Criminal acts. A victim of a crime, such as a robbery, may die as a result of the criminal’s actions.

The death of a family member can have major financial implications. If the deceased person is the family breadwinner, for example, their dependents will have lost a major source of income to meet their basic needs, such as paying rent or the mortgage, food and educational expenses. Children, in particular, may suffer the effects of lost income from a parent or caregiver.

The deceased may have been treated for injuries before their death, resulting in extensive hospital bills. Even a short period in a hospital can be incredibly costly. Unexpected funeral expenses also create a financial burden for the victim’s family.

Losing a spouse, parent or sibling also incurs non-economic damages, defined as pain and suffering. Mental anguish, post-traumatic stress, depression, and loss of enjoyment are all experiences that justify a wrongful death lawsuit.

How is a Wrongful Death Lawsuit Filed in Illinois?

There are four conditions that must be present to file a wrongful death lawsuit in Illinois.

  • The death of a human being.
  • The death was caused by another party’s negligence.
  • The family members of the deceased must demonstrate they will suffer economic injury as a result of the victim’s death.
  • Since the deceased person cannot file a personal injury claim, in the state of Illinois, the suit must be filed by a representative of the victim’s estate (also known as the executor).

Plaintiffs in a wrongful death lawsuit may also be able to recover damages for personal injury to the victim, for example, damages for pain and suffering the victim may have experienced before their death.

How is the Amount of Damages Determined in a Wrongful Death Lawsuit?

A jury decides the amount awarded to the victim’s estate. The jury considers a number of factors about the victim and their beneficiaries, including:

  • Age. If the victim was supporting a young family, the surviving spouse and children will have been dependent on their earning potential. The victim’s children will potentially lose any inheritance the deceased person may have left them. The children will also suffer loss of parental guidance, which is a non-economic damage.
  • Employment history. How much was the victim earning at the time? Did they have a period of unemployment after working previously? The circumstances of the victim’s employment will inform the jury about how much financial injury the victim’s beneficiaries will experience due to their death.
  • Character. Deciding how much a family’s circumstances will be affected after a wrongful death is complex. If the victim demonstrated financial responsibility and had a track record of providing for their dependents, the damages awarded will be higher if the victim had a gambling problem or was behind on child support payments.

If damages are awarded by the court, the funds go to the estate and are distributed to the beneficiaries in the deceased person’s will. The court may decide to adjust the amount awarded by the jury, and the adjustment may be up or down.

If a family member has died as a result of another party’s negligent actions, you need the best possible legal support. Dealing with a wrongful death lawsuit is a complex and stressful experience, and we are here to help. The team at Mueller, Lawson & Frobish will fight for the fairest outcome for you and your family. Contact us today for a consultation.

Real People, Real Stories

I was referred by a friend to Eric Frobish, when going through a divorce and I am glad I took this advice. From the day of the consultation to the day the divorce was finalized, I was patiently walked through the entire process and kept up to date throughout the entire process. Eric is very straight-forward, down to earth and knowledgeable in regards to divorce and child custody. Eric’s assistant, Sarah is also very kind and helpful. Divorce is a very stressful situation and Eric and Sarah made the process and transition so much easier. I would highly recommend Eric to anyone in need of a divorce or child custody attorney, as you will not be disappointed!

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After many interviews with attorneys, I was referred to Eric Frobish. To say that it was the right man for the situation would be an understatement. I had a very complicated mess that he was able to help me sort through and end up with the best outcome under the circumstances. As the case took many twists and turns, he and his staff were right there to guide me and advise me. I never had to wait very long for an answer and I could be assured Eric was always looking out for my best interests. I will never use another law firm. Honesty, integrity and sincere compassion in very trying circumstances. The absolute top of the line.

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I was recently divorced on 03~01~16. My case was taken care of in a real professional and private manner. I can remember when I talked to my counsel on the telephone for a consultation. He had patience with me, even though I had a real hard time telling my story without crying. My story was a little terrifying to tell to another person, but Mr. Frobish was a good listener. I had been looking for legal help for a while. There was a lot of suffering all the while. I still go to meetings for mental and physical abuse. I substained very bad physical abuse, close to death. My former husband was/is a career criminal and still on the run. Mueller, Lawson & Frobish, P.C. took care of my divorce and they were very kind and caring and also showed me respect. Everyone in the firm did a great job in keeping me informed on the progress they were making on my case. I would definitely recommend this law firm to anyone. I again just want to thank you so much for taking care of my divorce. Forever thankful – Vickie Sue Crumb

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I am a devoted father who was seeking a shared custody 50/50 parenting time of my now 4 year old son. I asked around for a good attorney and I was referred to Eric Frobish. During my consultation with Mr. Frobish, I felt he was honest and straight forward with my case. Today I have shared custody of my son. I was very pleased with the outcome of my case and I have Mr. Frobish to thank! Mr. Frobish continues to represent me so I can maintain my 50/50 parenting time. I would highly recommend Mr. Frobish.

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Mueller, Lawson & Frobish, P.C. is an excellent Law Firm located in Morris Illinois. Specifically, Eric Frobish is an excellent attorney that we have worked with in a Guardianship case for the past three plus years. I found the above referenced law firm from the Internet. Upon the very first meeting, Eric was completely professional, honest and explained clearly what all was going to be involved in such an important case. This case was urgent, and had allot of unknowns and seemingly impossible odds against our ability to win. I am elated that after three years of sound advice and hard work on Eric Frobish’s part, we won the case. So many lives were impacted positively because of Eric’s knowledge of the law, his compassion for the children involved and experience. I honestly doubt that we could have won this case if it were any other lawyer in the area, other than Eric. He not only out maneuvered blatantly untrue attempts for us to lose, but brought in numerous witnesses to testify with facts to prove they were all untrue. Their was not one stone unturned. Eric guided us the entire duration and was absolutely impressive during the trial. We were so proud that Eric was representing us! There are no words that can express the gratitude we have towards Mr. Eric Frobish and his law firm. Everyone at the firm from the Lawyer, Assistants and the Secretary were nothing but courteous, polite and professional and I would highly recommend their services to anyone.

- DOYAL AND KELLY A.

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