Important Questions to Ask Your Wrongful Death Attorney

Only a personal representative can pursue this type of claim in Illinois. These persons may or may not be in line to collect damages too.

This representative may be the executor listed in the decedent’s legal will. The court can appoint an administrator if there’s no valid will. A concerned party (usually a family member) must file a petition for letters of administration. The court then appoints an administrator.

The Illinois Probate Act favors the following for this role in descending order:

• Spouse
• Heirs
• Children
• Grandchildren
• Parents
• Siblings
• Nearest Relation

Next of kin (typically decedent’s children) and living spouse can seek wrongful death damages. The court doesn’t recognize surviving fiancés, fiancées, or foster parents.

This scenario is all too common. Adjusters may seem to pop out of the woodwork after unexpected deaths. These people work for the insurance company- not you. Any settlement offers are an attempt to throw a few bucks your way and call it a day.

Representatives may seem kindhearted- that’s their job. These folks are trained to make you feel at ease. Then you’re likely to let your guard down. You’re more likely to accept a less than a favorable figure. Resist!

Take a hard pass in dealing with these unsavory folks. Save yourself the aggravation. Simply refer adjusters to your attorney. Trust your lawyer to handle this matter. Now the burden’s off your shoulders. You know a professional is working on your behalf to get an acceptable sum.

No amount of money can replace a life cut short. The hard truth is that when a loved one suddenly dies, the family can be left with mounting debts. The goal of these cases is to offset damages so family members can begin to heal.

These lawsuits may seek expenses for:

• Change or Loss of Benefits. Sometimes medical or dental benefits die right along with the provider. If family members must now pay for insurance, this figure can be included. A forfeited pension can also be addressed.
• Cremation or Funeral Services. Laying your loved one to rest can be stressful enough. You shouldn’t have to pinch pennies when choosing a casket. Let your attorney recover money spent in this way.
• Decedent’s Lost Income. If the decedent consistently contributed to the household income, this loss may be high. Both current and future wages can be considered.
• Loss of Consortium. Losing a spouse or parent may entitle family members to these damages. No longer having the love and support found in this relationship can be devastating. This cost may be steep.
• Loss of Inheritance. Had decedents lived, would their funds have enlarged the family estate? If beneficiaries will now miss out on this money, factor this amount into the claim.
• Pain and Suffering. Wrongful death can cause a world of pain to those left behind. This kind of shock can leave some family members unable to cope. What can compensate for a broken heart? We can determine and seek soul-soothing damages.
• Punitive Damages. Some cases may be caused by a defendant’s extreme recklessness, carelessness, or bad behavior. These lawsuits may punish wrongdoers by tacking on hefty fees called punitive damages. This example is made to discourage others from going down similar paths.
• Related Medical Bills. Not every death is instant. Some victims may be airlifted to hospitals in an attempt to save their lives. Others may suffer for a period of time before passing away. Unforeseen bills can drain family finances. Family members should add these expenses to the claim.

Generally speaking, these types of damages awarded are not taxed in Illinois. The Internal Revenue Service (IRS) sees compensatory monies as replacing what was lost, not income.

Punitive damages and non-economic claims are viewed differently. These awards may be seen as additional proceeds. These amounts could wind up being large when working with Shuman Legal. Plan accordingly. We can help you figure out exactly which compensation claims will be taxed.

Yes! There are two types of pain and suffering in these cases. One, neither or both could pertain to your lawsuit.

• Survival Actions. This claim focuses on the decedent. The victim can’t file a personal injury claim after death, but the personal representative can. These damages are what the victim may have been entitled to if allowed to file a personal injury report, had they survived. This lawsuit is called a survival action.

Damages may be awarded to compensate the decedent’s estate for:

1. 1. Damage to Property
   2. Disability Resulting from Incident
   3. Loss of Income Between Time of Injury and Death
   4. Mental Anguish
   5. Related Medical Costs

• Your Pain and Suffering. The decedent’s family members experience these feelings because of the sudden loss. Compensation for this hardship is addressed in the wrongful death lawsuit.

It would be nice if these situations were rare. Unfortunately, the opposite is true. Someone drops the ball, accidents happen and lives are lost. Claims arise from:

• Accidents. These mishaps can happen just about anywhere. When the result is an unexpected death, action must be taken.

1. 1. Aircraft. Plane crashes can cause massive casualties.
   2. Bicycles. If someone is hit by a vehicle while cycling, the results could be fatal.
   3. Cars. Proving fault in these accidents to receive maximum compensation is one of our specialties.
   4. Motorcycles. Riders can receive lethal injuries when these vehicles crash.
   5. Pedestrians. The outcome can be devastating when accidents involve someone on foot.
   6. Property. This category covers slips, trips, and falls. Accidents in swimming pools and elevators are also included. Icy conditions, poor maintenance, and lack of security may also be to blame.
   7. Tractor-trailer Accidents. Being hit by a semi-truck can be deadly. We go up against big trucking companies to make them pay.
   8. Watercraft. Made for fun, boats and water scooters can also bring tragedy.

• Faulty Products. If a product causes an unexpected death of a loved one, we can take on the manufacturer.
• Medical Malpractice. Did a mistake happen under a nurse, doctor, or surgeon? We have a proven track record going up against medical professionals.
• Nursing Home Abuse. Let us seek justice for your elderly family member who died due to neglect or mistreatment.
• Workplace Incidents. Most fatal accidents on the job are preventable. Let us review your case to see if negligence occurred.