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This article is for informational purposes only, and does not constitute legal advice. 

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action that can be filed by the family members of a person who has been killed due to the negligence or misconduct of another party. A wrongful death claim allows families to recover compensation for their loss, including:

• Medical expenses and burial costs
• Loss of income due to the deceased’s death
• Pain and suffering endured by surviving family members

Who Can File a Wrongful Death Lawsuit?

If you are the personal representative of your loved one’s estate, then you have the right to file a wrongful death lawsuit. A personal representative is someone who has been appointed by the court to handle all of the affairs of an estate when there is no will or trust in place. This person usually takes on this responsibility because he or she was named as such in their loved one’s last will and testament, but sometimes it happens if there was no formal document stating what should happen with their assets after they die (for example, if they died without leaving behind any heirs). In this case, whoever was responsible for filing paperwork with government agencies like Social Security would be considered a personal representative as well; however, it’s important to note that not every state allows non-family members such as friends or acquaintances from serving in this role so check local laws before proceeding further down this path!

The Benefits of Having an Attorney Represent You in a Wrongful Death Lawsuit

The benefits of having an attorney represent you in a wrongful death lawsuit are many. First, it’s important to note that these cases can be extremely complicated and difficult to navigate on your own. Your attorney will have experience with the legal process, which means they can help guide you through it as well as explain any steps along the way that may seem unclear or confusing. Additionally, having an experienced lawyer by your side gives you an advantage over other parties involved in the case because they will know what evidence needs to be presented in order for their claim to succeed – something that might not come up during initial meetings with other parties’ lawyers/representatives (or even yours).

Finally, having someone who knows how best handle all aspects of litigation means that they’ll be able to ensure everything goes smoothly from start until finish – including court appearances if necessary!

Types of Damages in a Wrongful Death Lawsuit

In a wrongful death lawsuit, the plaintiff can recover damages for loss of companionship and financial support. These are called compensatory damages. They include:

• Funeral expenses
• Medical bills related to the accident or illness that caused death (if those bills were paid by insurance)
• Loss of income from work or other activities that would have been performed by the deceased person if he/she had not died. This includes money lost during any period when you were unable to work because of grief or mental anguish resulting from your loved one’s death.

There are other types of damages available in a wrongful death case as well; these include punitive damages and statutory damages (see below).

Preparing for a Wrongful Death Lawsuit

If you have lost a loved one due to the negligence or recklessness of another party, it is important to understand what steps you should take in order for your case to be successful.

A wrongful death lawsuit is a civil action brought against someone who has caused the death of another person through their actions or inaction. The goal of these lawsuits is not only compensation for medical bills and funeral costs, but also to punish those responsible for causing the harm in question. This can help prevent similar tragedies from occurring again in the future by deterring others from engaging in similar behavior.

The first thing that any potential plaintiff needs before filing suit is evidence: photos showing how close together two cars were when they collided; videos taken by bystanders showing how quickly one driver was driving before hitting another vehicle; police reports detailing what happened when an officer arrived at scene after hearing about an accident on his radio scanner (and so forth). This kind of information will help attorneys determine whether there’s enough evidence against defendants’ legal defenses such as contributory negligence (when both parties share responsibility) or comparative negligence (when one party bears more responsibility than another).

How to Choose an Attorney for a Wrongful Death Lawsuit

Choosing a lawyer for your wrongful death case is an important decision. There are several things you can do to make sure you choose the right attorney for your needs and circumstances:

Researching attorneys is key when choosing an attorney for a wrongful death lawsuit, as it will give you insight into their experience and reputation. You should look at their websites and social media accounts to see what kind of work they have done in the past, as well as how much experience they have with cases similar to yours. It’s also helpful if they have been featured in any newspapers or magazines that cover legal issues, because this shows that there is public interest in what they do!

Scheduling consultations with potential attorneys will allow both parties (the client and attorney) time together so that each party knows exactly what type of service will be provided by one another before signing any contracts/agreements. Interviewing attorneys before hiring them helps ensure both sides know exactly what kind of services will be provided by one another after signing contracts/agreements.

Common Mistakes to Avoid in a Wrongful Death Lawsuit

There are a number of common mistakes that people make when trying to file a wrongful death lawsuit. The most important thing to remember is that you should hire an experienced attorney who can help you navigate the legal system and ensure your case has the best chance of success.

Here are some other things you should avoid:

Failing to gather evidence in a timely manner. If someone else’s negligence caused your loved one’s death, they may try to argue that they were not at fault because there wasn’t enough time between the incident and their death for them to file suit against them (this is called ‘statute of limitations’). Make sure that all relevant evidence is gathered as soon as possible after becoming aware of what happened–this includes photos or video footage from witnesses; medical records showing injuries sustained during an accident; police reports filed by officers who responded at accident scenes; written statements made by witnesses who saw what happened before or after accidents occurred…the list goes on!

The Cost of a Wrongful Death Lawsuit

The cost of a wrongful death lawsuit can vary greatly, depending on the circumstances surrounding your case. Attorney fees and court costs are typically the largest expenses that you will incur during litigation, but there may also be other associated expenses such as medical records, expert witness testimony and depositions.

The amount of money awarded for damages in a wrongful death lawsuit depends on several factors including:

• The nature of the negligence or wrongdoing (was it reckless? intentional?)
• The age of your loved one at time of death; if they were young children or elderly adults who had lived full lives already, then their loss will be felt more acutely than someone who had not yet reached middle age when they died.

The Outcome of a Wrongful Death Lawsuit

The outcome of a wrongful death lawsuit is dependent on the facts of your case and the law in your state. The most common result is a settlement, where both parties agree to resolve their dispute without going to trial. If you do not reach an agreement with the defendant before trial, then your case will go before a jury who will decide whether or not they believe that you have proven all elements necessary for recovery under your claim. If they do find in favor of you, they can award damages based on those findings.

If there is no settlement and instead judgment is entered against the defendant(s), this means that there was no dispute between them over liability (i.e., whether or not there was negligence) but rather only over how much compensation should be paid out by each party involved in causing harm or loss due to negligence (or other wrongful conduct).

Conclusion

If you or a loved one has been injured in an accident, it’s important to know your rights. If you’ve lost someone to wrongful death, it’s even more critical that you understand how the process works and what steps need to be taken.

If you’re looking for more information on wrongful death lawsuits and how they work, please contact The Law Offices of Parente and Norem today at 312.641.5926, or fill out the contact form here on our website. We’re here 24/7!

Matthew J. Coleman is a partner and head of the Work Injury Department at The Law Offices of Parente & Norem. Before law school, he worked on the southside as a special education teacher in the Chicago Public Schools. Matt taught children and young adults with a variety of moderate to severe physical and developmental disabilities. He witnessed first-hand the daily challenges that face a person with a disability. “It’s in the little things – washing your hair. . .putting a seatbelt on. . .the little things we take for granted.”

Matthew also regularly travels the state to meet and educate union workers as to their rights under the Illinois Workers Compensation Act.  He has also a frequent collaborator with the Illinois Trial Lawyer’s Association.  In November of ’20 he was invited as a guest lecturer regarding changes in work injury law.

Matthew has represented members of Teamsters Unions, Carpenters Unions, LiUNA, AFSCME, IAM , Pipefitters Union, Roofers Union, Fraternal Order of Police, and local Firefighters Unions,  in their claims before the Illinois Workers’ Compensation Commission.  He routinely tries cases before Arbitrators and has successfully argued before the Commission, Circuit Courts, and the Illinois Appellate Court.  Matthew will also handle any “third party” action in State or Federal court when the work injury is caused by the carelessness of others.  This includes cases involving motor vehicle and truck wrecks, construction negligence, products liability, and unsafe conditions on a premises. 

Matthew lives on the southside with his wife and three children.  He has a young daughter with a cerebral palsy diagnosis.  This affects her ability to crawl, sit, walk, and use one of her arms.  She works hard in physical therapy and attends the Center for Independence Through Conductive Education.  Matt is actively involved with the Center and is most passionate about educating others about cerebral palsy and children with differences.  His family also sponsors the training of a puppy for the Guide Dogs of America.

For more information on Matthew J. Coleman and the rest of the team at The Law Offices of Parente & Norem, click here. 

Attorney Dennis M. Lynch has received multi-million dollar and record setting verdicts and settlements on behalf of injury victims throughout Illinois, and has also represented individuals nationwide, including cases filed in Indiana, Kentucky, Colorado, and Michigan. He has also represented numerous union flight attendants who reside nationwide and overseas concerning on the job injuries.

His cases have been brought against the largest corporations and insurance companies in the world and have involved all areas of personal injury litigation, including interstate trucking, insurance bad faith, products liability, workers’ compensation, nursing home litigation, and medical malpractice.

Since 2015, Dennis Lynch has helped teach the Construction Law class at Loyola University Chicago School of Law. Dennis was also invited to speak at his alma mater, Lewis University, on how you can apply your History degree in today’s world. 

Dennis was named one of the Chicago Daily Law Bulletin’s 40 Illinois attorneys under 40 to watch in 2021. For more information on Dennis Lynch and our Parente & Norem team, click here. 

The Law Offices of Parente & Norem, P.C. is proud to announce that Matthew J. Coleman and Taylor R.  Matichak from the firm’s Work Injury department have been invited to contribute to the Illinois Trial Lawyer Association’s  Trial Journal Magazine.  The publication offers current legal trends and tips and is circulated statewide to plaintiff’s injury attorneys.  This will be Matthew Coleman’s second feature article.   

Matthew J. Coleman and Taylor R. Matichak were also selected to contribute to the Illinois Trial Lawyer Association’s Workers’ Compensation Trial Notebook.  The publication is widely considered to be the most comprehensive worker’s compensation educational material within the state.  The Chapter is titled “Vocational and Physical Rehabilitation.”

For more information on Parente & Norem’s  experienced trial attorneys, click here. 

The Law Firm of Parente & Norem, P.C. and partner Matthew J. Coleman, are proud to be “Double Eagle” sponsors at the Center for Independence’s 24^th Annual Benefit. 

The mission of the Center for Independence is to help children with physical disabilities gain independence. The Center does this by developing their motor functions in a manner that creates positive self-esteem, self-direction and an “I Can!” attitude. Since 1998, the Center for Independence has served more than 1000 children and young adults and provided over $14,000,000 in charitable services. No child has ever been turned away, nor program hours reduced, due to insurance or income limitations.

Parente & Norem is proud to introduce Tiki, a guide dog sponsored by partner and head of our Work Injury department, Matthew Coleman. Tiki is a guide dog with the Guide Dogs of America. She is an adorable Lab who is just about to be 18 months old, and has passed all of her ‘puppy kindergarten’ training. 

Guide Dogs of America is an organization that transforms lives through partnerships with service dogs. They breed, raise, and train guide dogs for individuals who are blind/visually impaired, and provide service dogs for veterans and children with autism. They also place facility dogs with professionals in hospitals, schools, and courtrooms. Guide Dogs of America’s highly skilled canines become trusted companions that increase people’s confidence, mobility, and independence. All programs and services, including transportation, personalized training, room/board, and postgraduate support, are provided at no cost to the recipient.

This past December, Tiki was selected as a breeder for Guide Dogs of America! This is quite an honor because only the top 2% of dogs being puppy raised are selected for this special program! We hope Tiki will deliver many generations of successful service/guide dogs. Way to go, Tiki! We think you’re pretty PAWESOME!!! ?

Meet Parente & Norem trial attorney, Taylor Matichak. As a fearless advocate and supporter of workers’ rights, Taylor R. Matichak focuses her practice exclusively on work injuries. Her relentless support of workers’ rights began in early childhood after her father, an ironworker with Local 444, suffered serious and permanent injuries on a jobsite in a construction accident. Experiencing first-hand the many challenges that injured workers and their families face is the reason Taylor decided at a young age to pursue law school. Her own experiences allow her to clearly understand and effectively communicate the needs of our clients. She truly cares for the injured workers she represents and commits herself to every case with compassion and diligence. For more information on Taylor and our other attorneys, click here.

The Law Offices of Parente & Norem, P.C. is proud to announce that we were a dinner sponsor at this week’s Annual Will & Grundy Building Trades Council Golf Outing at the Wedgewood Golf Club in Joliet. 

The event brought together several businesses, unions, and professionals for a day of fun on the links, networking, and camaraderie. The Parente and Norem team was well represented by our attorneys Dennis Lynch and Taylor Matichak, as well as paralegal Esmeralda Ruiz.

When you’ve been injured, a lot of times it can be difficult to determine whether or not you need a personal injury attorney. In the moment, you could have complete trust in the insurance companies to act in your best interests. Maybe you don’t think your injuries or losses are enough to have a long term impact on you and your loved ones’ lives. Here at the Law Offices of Parente & Norem, P.C. our experienced trial attorneys are here to fight for your rights and get you the care and compensation you deserve. Here are five reasons why you need a personal injury attorney after you’ve been injured. 

The Insurance Companies Are Not Working In Your Best Interests

It’s always best to remember that while insurance companies have to operate within certain laws and guidelines; at the end of the day they are a business that isn’t concerned with you as an individual more than they are concerned with their bottom line. They also have teams of attorneys in their corner managing negotiating the lowest settlement possible for a claim. It simply isn’t a fair fight if you go it alone. You deserve to have a competent trial attorney in your corner who will not only level the playing field, but also work tirelessly for your rights. 

The Damages You’ve Sustained May Be More Serious Than You Think

When an injury occurs, no one has a crystal ball to see into the future of how that injury will impact your life for years to come. While you may feel fine today, issues can pop up at any time down the road, and you should receive appropriate care and compensation to treat your injuries. There are laws that protect victims of another’s negligence to receive compensation for intangible damages, such as pain and suffering, and loss of consortium. The personal injury attorneys at Parente & Norem can best assess these damages and work to get you the best relief possible. 

Our Biggest Priority Is Your Recovery

The Law Offices of Parente & Norem will be there to guide you through the recovery process from the moment you seek medical attention for your injury through negotiations with the at-fault parties to get you fair compensation. If the offer isn’t favorable to our client, we take the case to trial. That’s what we mean when we say experience, dedication, and proven results. 

Sometimes Liability Is Unclear

There are times when an incident with injuries occurs, and who is at fault or negligent can seem ambiguous. If liability is unclear, you will need someone willing to compile a substantial amount of evidence to prove your innocence and that the other party was negligent. In the case of a car accident, for example, police records, photos of the accident, the official accident report, medical records, and eyewitness testimony are all pieces of evidence you must collect, organize, and use to make your case. This is why having an experienced personal injury attorney in your corner is so vital when it comes to seeking justice. 

Hiring a Personal Injury Attorney Saves You Time

Your life after being injured should be solely focused on recovery. It takes hours upon hours to collect things like medical records, police reports, accident/incident reports, interviewing experts, and dealing with insurance adjusters. Let the professionals handle this process so you can focus on recovering and returning to the life you had before getting injured. 

As you have read, there are several reasons to hire a personal injury attorney.  Between insurance negotiation, knowing how to look out for injuries, and having a deep understanding of the law, a personal injury lawyer is much better equipped to earn you your due care and compensation. Call or text Parente & Norem today at 312.641.5926 for a free case evaluation. At The Law Offices of Parente & Norem, P.C. your path to justice begins with us. 

This article is strictly informational and should not be considered legal advice.

Memorial Day kicks off the summer travel season. This year’s volume on the roads is expected to be especially high as COVID-19 restrictions are rolled back and people are anxious to get out and see the world again after two years of staying close to home. 

According to the NHTSA, over 9,000 fatal motor crashes occurred between the months of June through August in 2019. While not every motor vehicle accident is preventable, there are some things you can do to lessen the chances of an unfortunate incident occurring. Here are five summer travel safety tips to get you safely to your destination this summer. 

Buckle Up

Buckle Up. Every Trip. Every Time. Be sure every passenger is restrained in their seat in an age appropriate manner. Children under thirteen should not ride in the front seat. Be sure to have all car seats, boosters, and other devices properly installed and secured. Never leave children unattended in the vehicle, and when the vehicle is not in use be sure to keep the doors locked and keys out of reach of children so they aren’t tempted to play inside the car. 

Stay Alert and Avoid Risky Behaviors

Be sure that all licensed drivers are well rested and ready to drive. Leave plenty of time for stops so you can stretch, walk around, eat, and answer emails, calls, and texts. Do not text and drive or drive distracted. It is always illegal to drive impaired on any substances whether they are legal or not. Always pull over if you are not feeling alert and up to driving. 

Make Sure Your Vehicle is Up to Date On All Services

Before hitting the road, be sure your vehicle is up to date on all services including oil changes and emissions. Check for any recalls your vehicle may have, and have those addressed as well. Always drive with the gas tank close to full whenever possible, and check the condition of your tires and tire pressure often. 

Complete a Vehicle Safety Checklist Before You Leave

Make sure the following items are running well before you take off on your trip:

• Battery
• Lights (Including brake lights and turn signals)
• Cooling System
• Oil Levels
• Belts and Hoses
• Wiper Blades
• Air Conditioning
• Floor Mats (these can bunch up under the gas and brake pedal if not installed properly)

Communicate Your Route And ETA With At Least Two People

Phone service and wifi isn’t consistently available in rural areas, so be sure to let at least two people know what route you are taking, how long you plan to take on your drive, and check in with them each time you stop to give any updates or changes to your plans. That way if something goes wrong, they will have an idea of where you might be and how long it’s been since they last spoke to you. 

We at the Law Offices of Parente & Norem, P.C. hope all of you have a safe and happy summer travel season. Be sure to save our number, 312.641.5926 into your phone should you need our services at any time.