Available 24/7 | Free Consultations

Call 630-848-9294
Mathys & Schneid | Personal Injury Lawyers
Español
CALL

Experienced Naperville Personal Injury Attorneys

  1. Home
    2.  — Naperville Wrongful Death Lawyer

Naperville Wrongful Death Lawyer

Did you lose a loved one in a fatal accident in Naperville, Illinois? Was it caused by another party’s wrongful or negligent actions? You may be entitled to seek damages from the at-fault party for funeral and burial expenses, loss of financial support, and more.

The experienced Naperville wrongful death attorneys at Mathys & Schneid Personal Injury Lawyers are here to assist; call us at 630-848-9294. We have more than 74 years of combined experience and have recovered over $150 million for our clients.

We want to help you hold the accountable party responsible for your family member’s untimely death. Contact our Naperville, Illinois, law firm online today. We offer a free initial consultation to discuss your wrongful death case and offer compassionate legal advice.

Table of Contents

How Mathys & Schneid Personal Injury Lawyers Can Help With Your Wrongful Death Claim In Naperville, Illinois

Who and what caused your loved one’s death? Do you have evidence proving causation and liability? What if the defendant attempts to blame the victim for contributing to their fatal accident?

These can be difficult questions to face when you’re grieving, and you don’t have to seek answers alone. Our Naperville wrongful death lawyers will handle your claim so that you can focus on what’s most important: your family.

If you hire Mathys & Schneid Personal Injury Lawyers for help with your wrongful death case, we’ll:

  • Investigate the circumstances of the fatal accident to determine how it happened and who is responsible.
  • Gather evidence proving the elements of your wrongful death claim and the value of your damages.
  • Explain your legal options and ensure you understand the impact of every decision you make.
  • Negotiate with insurance companies and other opposing parties on your behalf as we work towards the best possible outcome.
  • Represent you in court proceedings and at trial if we fail to reach a fair settlement.

The aftermath of a wrongful death can be far-reaching and affect your family for years to come. We want to help you get the financial justice you deserve, so contact us today for a free consultation to see what we can do for you.

What Is Wrongful Death In Illinois?

Under the Illinois Wrongful Death Act, if someone causes a fatality by a wrongful act, neglect or default, the decedent’s family may be able to recover damages from the responsible party. The decedent must have been able to file a personal injury claim for the same act had they survived.

For example, a motorist strikes a pedestrian and kills them. Had the pedestrian lived, they likely would’ve been able to file a personal injury case against the negligent motorist for any damages (e.g., medical bills, lost wages, etc.) they sustained.

A wrongful death case is separate from any criminal proceeding that may arise from the same incident. Wrongful death claims are civil matters filed on behalf of the decedent’s family for compensatory damages. In contrast, the state of Illinois may file a criminal case against the at-fault party to hold them criminally responsible.

Who Can File A Wrongful Death Claim In Naperville?

In Illinois, the personal representative of the decedent’s estate must file a wrongful death claim on behalf of the surviving spouse and next of kin. The awarded damages are distributed to the surviving family members according to their level of dependency on the decedent.

How Common Are Fatal Accidents In Illinois?

According to the Illinois Department of Transportation, there have been 1,019 fatal car accidents reported in the state in 2022 as of November 22nd. This data includes motor vehicle occupants, pedestrians, bicyclists and motorcyclists. Out of the statewide fatal crashes, 35 have occurred in DuPage County.

Fatal workplace accidents are also common in Illinois. The U.S. Bureau of Labor Statistics reported 135 fatal work injuries in the state in 2020. Most of these deaths were caused by transportation incidents, falls and violence.

What Causes Wrongful Deaths In Naperville?

Any accident or personal injury incident can cause someone’s untimely death.

Our Naperville personal injury lawyers have helped families of victims who have sustained fatal injuries in all types of tragic accidents, including:

No matter what caused your loved one’s death, our wrongful death lawyers in Naperville, Illinois, are here to help you prove liability and recover fair compensation.

What Is My Naperville Wrongful Death Case Worth?

No two wrongful death cases are the same: they all involve different victims, causes of death, defendants and circumstances.

Accordingly, to value your Naperville wrongful death case, we’ll examine several factors such as:

  • The age of the decedent when they passed away and their life expectancy
  • The level of financial support they provided to the surviving family members
  • The lost income and benefits caused by the untimely death
  • The age of the victim’s next of kin (e.g., minor children)
  • The level of guidance and instruction the decedent provided to surviving loved ones
  • Whether the decedent contributed to the fatal accident
  • Any financial losses sustained by survivors due to the victim’s death (e.g., funeral expenses)

Other things can impact the value of your damages in a wrongful death case. That’s why it’s important to discuss your situation with an experienced wrongful death lawyer to ensure that you include everything you’re entitled to seek in your claim.

What Types of Damages Are Available In A Naperville Wrongful Death Action?

Illinois law allows surviving family members to seek compensation for their economic (pecuniary) damages and their noneconomic (personal) damages, including:

  • Funeral and burial costs
  • Loss of financial support from your loved one, such as income and employment benefits
  • Loss of instruction (e.g., for surviving children)
  • Loss of consortium
  • Loss of society
  • Grief
  • Sorrow
  • Mental suffering

Other damages may be available, depending on the facts of the case. The jury can decide what is considered fair based on the losses sustained by the decedent’s surviving kin.

How Do I Prove Negligence After A Fatal Accident In Illinois?

Most wrongful death cases are based on the negligent actions of an at-fault party – meaning they are usually caused by carelessness.

To prove negligence, you must successfully demonstrate the following elements:

  • The defendant owed the decedent a duty of care
  • The defendant breached their duty of care to the decedent by acting unreasonably under the circumstances
  • The defendant’s breach directly caused the decedent’s unexpected death
  • You suffered damages as a result of the defendant’s actions

To prove each negligence element, you’ll need evidence, which could include:

  • Accident or police reports
  • Eyewitness statements
  • Photos and video footage of the accident, if available
  • Medical records, if applicable
  • Expert witness opinions and testimony
  • Receipts and statements of your expenses, such as burial costs
  • The decedent’s employment records and statements proving lost financial support
  • Statements from you and surviving family members regarding your loss of instruction, guidance, support, etc.

Other evidence may prove other aspects of your case. We’ll help you identify and collect the evidence needed to support your claim for wrongful death damages.

Can I Recover Compensation If My Loved One Is Being Blamed For Their Fatal Accident In Naperville, Illinois?

Illinois follows a modified comparative negligence rule with a 51% bar to financial recovery. Accordingly, you cannot recover compensation if your family member was over 50% at fault for the fatal accident, injury or death. If they were 50% or less responsible, you can recover damages, but they’ll be reduced proportionately.

For example, a jury finds that your loved one was 40% liable for a fatal accident. You can only recover 60% of the awarded damages. Alternatively, the jury assigns 51% fault to your family member; in that case, you can take home nothing.

What Is The Statute Of Limitations For Filing A Wrongful Death Lawsuit In Illinois?

The Illinois statute of limitations for most wrongful death lawsuits is two years, meaning you have two years from your loved one’s date of death to file a claim. However, there are exceptions such as if the fatality was caused by a violent intentional act.

If you miss the statutory deadline that applies to your wrongful death case, you’ll lose the ability to seek compensation. It’s best to consult an experienced Naperville personal injury attorney as soon as possible to preserve your right to hold the at-fault party liable for the loss of your family member.

Contact Our Naperville Wrongful Death Lawyers For A Free Consultation

Are you grieving the loss of a loved one after a deadly accident in Naperville, Illinois? Contact Mathys & Schneid Personal Injury Lawyers as soon as you can to discuss your options. We’ll put 74+ years of combined experience behind your case and ensure you’re treated fairly.

Our Naperville wrongful death lawyers are available 24/7 to listen to what happened to your family member and guide you through the legal process. Give us a call today at 630-848-9294 to schedule a free, no-obligation case evaluation.