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Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

The pain of losing a loved one is devastating enough. When you have to file a wrongful death lawsuit while you grieve, it can be even more unbearable. Negligent parties should be held accountable when a wrongful death occurs.

While it may seem obvious that your loved one is no longer alive because of the careless actions of another person or entity, wrongful death cases are seldom simple. You may be filing against a hospital, trucking company, nursing home, product manufacturer, or another person in your wrongful death claim.

The best way to be successful in getting full compensation is to work with the wrongful death attorneys at Mike Agruss Law. Our compassionate Illinois law firm knows that no amount of money can ever bring back your loved one, however, we will work with diligence through it all to be with you every step of the way in your civil lawsuit.

Contact us today to set up a free consultation where we can explain how wrongful death cases differ from criminal cases, and how we can help you recover full and fair compensation.

How Do Wrongful Deaths Occur?

Wrongful deaths can come about from many types of personal injuries. Here are a few of the most common situations that our personal injury law firm has seen throughout the years.

Nursing Home Abuse

By far, neglect and abuse in nursing homes that lead to Illinois wrongful death cases are among the most disturbing. When you put an aging family member into these types of facilities, you do so expecting them to provide the level of care and demand that your loved one needs.

Sadly, nursing home neglect and abuse is incredibly common in this state. When it leads to the death of your loved one, you may feel guilty because you put them in that long-term care home. However, the blame resides with the nursing home and its staff of caregivers.

Unfortunately, we see many cases where the nursing home will attempt to claim that the victim died because of underlying health conditions. Incompetent staffing or understaffed facilities lead to these deaths, and the wrongful death lawyers at Mike Agruss Law will see to it that the nursing home is held accountable.

Motor Vehicle Accidents

Car accidents are perhaps the most common type of personal injury, and they also take the lead in wrongful death cases. According to wrongful death statistics from the Insurance Institute of Highway Safety (IIHS), the state of Illinois saw 1,210 fatalities in car accidents for 2021.

If your loved one was killed in a car accident that was caused by a drunk driver, reckless or aggressive driver, or a driver who was too busy texting, an experienced wrongful death attorney from our law firm will negotiate with the insurance companies involved to get them to pay your financial compensation.

Medical Malpractice

If your wrongful death case involves medical malpractice, you need wrongful death attorneys to stand up for you. Cases like these are shocking because you trust medical professionals to provide the right standard of care. When negligence is a factor and it causes injuries that lead to the death of a patient, you will likely not know what to do next.

You expected to visit your loved one after their surgery only to be told they have passed on, or an illness was not diagnosed that led to their death. Improper medication, anesthesia errors, childbirth errors, and other situations that cause death from a wrongful act are not uncommon either. Medical errors are said to only account for 10% of patient deaths, though these things are rarely noted on death certificates, making the numbers appear much lower.

Construction Accidents

Construction may be a hazardous industry by nature, but shirking safety standards is beyond the pale. Fall deaths are one of the biggest reasons for fatal injuries in construction. According to the CDC, there were 44,686 fall deaths nationwide for 2021.

Regardless of the factors of your wrongful death case, you will not be alone as you try to find justice and move forward after this tragic loss. Speak with a construction accidents lawyer at Mike Agruss Law today to hold the negligent party accountable and find out more about the financial compensation you can claim.

What Elements Are Necessary for a Wrongful Death Lawsuit in Illinois?

According to Illinois law, wrongful death claims are considered valid when a person is killed due to someone else’s negligent or wrongful actions. Most wrongful death lawsuits in the state are due to car crashes, workplace accidents, medical malpractice, and nursing home neglect or abuse.

You can file a wrongful death lawsuit against the person or entity responsible for the death of your loved one. Hiring a wrongful death lawyer is advised because as the plaintiff, you have the burden of proof to show that the defendant’s negligence caused your loved one’s death.

Illinois has also set laws into place for the surviving family members to recover compensation in a wrongful death case.

The Illinois Wrongful Death Act

The Illinois Wrongful Death Act states that surviving family members have the right to file an Illinois wrongful death lawsuit to receive monetary compensation. These damages may include your loved one’s share of the income as well as loss of emotional support, companionship, and companionship.

The Illinois Surviving Act

With the Illinois Surviving Act, it awards damages for the deceased for what they may have recovered in their lifetime. This claim goes through their estate. The probate courts appoint an executor who then files the claim under this act to recover the damages which may include medical expenses, lost earnings, and other losses at the time of the accident that caused their untimely passing.

Proving You Have a Wrongful Death Case

In order to have a successful wrongful death claim, you need to prove that your loved one’s fatal injury was caused by another person. In a wrongful death claim, it can be intentional or unintentional.

Surviving spouses and family members should seek representation from one of our wrongful death attorneys to help prove liability. In a wrongful death lawsuit, you must show that the at-fault party owed your loved one a duty of care. On the road, this means they should be driving safely. In construction, this means they should follow safety regulations.

Furthermore, a wrongful death suit must be valid by showing a breach of that duty of care. Drunk drivers, improper maintenance of workplace equipment, or abusive staff at a nursing home are prime examples.

The reason you need the wrongful death lawyers at Mike Agruss Law is to prove that the negligence of the other party directly caused your loved one’s accident and fatality. The other party may try to claim your loved one was to blame. It’s an upsetting time for you, and our team will fight to counter their ridiculous claims. Through evidence we will show that the passing of your loved one has caused you losses that are both financial and non-financial to ensure you get fair compensation.

What Is the Average Settlement for a Wrongful Death Lawsuit in Illinois?

When you file a wrongful death claim, you may be wondering what your settlement will look like. Some can be merely thousands of dollars while others can provide you with millions. It will all depend on the factors of your wrongful death claim.

Our wrongful death lawyers will provide you with a free case evaluation to discuss the potential outcome. For wrongful death claims, you do not pay any fees unless we win. Mike Agruss Law is devoted to seeking justice for you and upholding the memory of your lost loved one.

In wrongful death claims, you can receive damages that include:

  • Funeral expenses and burial costs for the deceased person
  • Recovering lost wages at the value your loved one would have earned
  • Costs of medical treatments that incurred from the injury prior to their passing
  • Damages for mental and physical pain and suffering the deceased person endured before they died
  • Non-economic damages such as being deprived of the decedent’s companionship and love

Who Can Sue for Wrongful Death in Illinois?

If you want to file a wrongful death claim in Illinois, you must be either a surviving spouse, child, parent, or sibling. With the help of a wrongful death lawyer, you will be able to determine if you are entitled to compensation and be able to start the process before the statute of limitations ends.

Additionally, wrongful death claims can be incredibly complicated because you will be fighting against healthcare networks, hospitals, large insurance companies, manufacturing companies, and other entities.

Having the expert legal representation you need ensures that you have someone looking out for your best interests, allowing you to grieve.

How Long Do You Have to File a Wrongful Death Suit in Illinois?

When someone you love dies because of a wrongful death action, it is shocking and heartbreaking. Yet, you must act quickly to file your wrongful death claim. A wrongful death attorney from our firm will ensure that wrongful death victims are given the justice they deserve while getting the proper paperwork filed.

Even though this is an extraordinarily difficult time for you, the sooner you file your claim, the smoother the process will be. As the plaintiff, you have the burden of showing the other party was responsible for the loss of your loved one. That means presenting evidence to support your wrongful death claim.

The more time that passes by, the more likely it is that crucial evidence will be destroyed and that witnesses will not have as strong a recollection. The statute of limitations in Illinois is four years from the date your loved one passed away. This may seem lengthy, but even an experienced attorney will have a more difficult time showing negligence if you wait too long.

Boost your chances of success with a wrongful death attorney from Mike Agruss Law on your side. We will seek justice for wrongful death actions and serve as your personal representative throughout it all.

What Are the Steps for Taking Legal Action?

Our legal team will get started right away with your insurance coverage and filing a claim for the victim’s death. If this claim is denied, we will begin compiling evidence to show that the death occurred as a result of someone else’s negligence and seek to recover damages for his or her death.

We will calculate all damages and come back with a demand to the insurance company, negotiating as necessary to get what is owed to the deceased victim. Mike Agruss Law will fight in court if a settlement agreement can’t be reached. With a wrongful death lawyer from our firm, we will uphold your best interests and fight for you.

Whether you’re a surviving spouse or another one of the family members permitted to file this type of claim, you can rest assured that we will always advise you of your legal options. Contact our legal team today to discuss your case.

How Our Lawyers Can Help You in the Aftermath of Your Loved One’s Death

In a personal injury claim for wrongful death, the situation is one that can be incredibly traumatic. You are most likely replaying the final events before a wrongful act took your loved one away.

Injury deaths are incredibly common in car crashes and in construction jobs. Despite the risks that everyone is aware of, it doesn’t make them any less upsetting. When it comes to negligent doctors or caregivers, it can be downright infuriating to discover that someone you trusted to care for your loved one was negligent or even deliberately harmful.

With the help of an attorney at Mike Agruss Law serving as your personal representative through this difficult time, you will have someone to show the defendant owed a duty of care. We will further demonstrate how that duty of care was breached and how that led to the injuries that caused the death of a person that was special to you.

Your family will never be the same without them, and personal injury claims like these will attempt to recover medical bills and other monetary damages on your behalf. While these proceedings for a wrongful death action are a matter for the civil courts, the nature of these acts may additionally bring forth a criminal case that results in criminal prosecution.

Whatever happens, you can count on our legal team to provide you with unwavering support throughout the entire process. We will do whatever it takes to help you, and fight for justice in the memory of your loved one.

If you are the family member or spouse of the victim, do not wait until the statute of limitations is about to expire. Make sure you charge forward to hold those accountable for what they have done. With a free consultation, you will be able to find out more about what we can do to represent you and serve justice for this wrongful death act.

Our wrongful death attorneys have represented many cases in Illinois, working to ensure that the loved ones of these victims are properly compensated by the responsible parties. Call Mike Agruss Law today to begin filing your civil lawsuit.

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