What Happens During a Wrongful Death Claim?

Losing a loved one is a devastating experience. When that loss is caused by another individual’s negligence or wrongful act, the grief is often compounded by anger and a sense of tremendous injustice. Though it may feel like just another overwhelming burden in a season of grieving, filing a wrongful death claim can be an important step toward providing justice and financial stability for your family’s future.

So, if you choose to file a wrongful death claim, what can you expect to happen? The legal process generally involves these key stages:

• Investigating the cause of death
• Identifying the liable parties
• Calculating damages and financial losses
• Negotiating with insurance companies

At Anspach Law Office, we recognize the immense pain you are experiencing. With decades of experience, we seek to guide families through these difficult cases with compassion and determination. We’ve seen firsthand that understanding the steps ahead can provide a sense of control during an uncertain time, and we want to be your guide through the legal process.

Investigating the Cause of Death

In many cases, the first step is to conduct a thorough investigation to prove that a wrongful act or negligence caused your loved one’s death. This involves gathering substantial evidence, which may include:

• Police reports and accident reconstructions
• Medical records and autopsy reports
• Photos and videos of the scene
• Eyewitness statements
• Expert witness testimony

A skilled attorney is critical at this stage to build a strong foundation for your case by establishing a clear link between the defendant’s actions and the tragic outcome.

Identifying Liable Parties

Once the cause is established, the next step is to identify all responsible parties. In some cases, liability is straightforward, like a drunk driver in a car accident. In others, it can be more complex. For example, a commercial truck accident could involve the driver, the trucking company, and even the vehicle manufacturer. Identifying every liable party is essential to maximize the compensation your family can recover.

Calculating Damages and Financial Losses

Illinois law allows the surviving family to seek compensation for a range of losses. These damages are calculated to reflect the full impact of your loved one’s death and may include:

• Pecuniary Injuries: This covers the loss of financial support, services, and future earnings the deceased would have provided.
• Grief, Sorrow, and Mental Suffering: This acknowledges the profound emotional pain experienced by the surviving spouse and next of kin.
• Medical and Funeral Expenses: This involves compensation for the costs associated with the final illness, injury, and burial.
• Loss of Companionship: This addresses the intangible loss of the deceased’s presence, guidance, and relationship with the family.

A wrongful death attorney can work with financial professionals to accurately calculate these damages and help ensure your family’s current and future needs are met.

Negotiation With Insurance Companies

Insurance companies often try to minimize payouts or deny claims altogether, even when it comes to difficult situations like wrongful death. When you’re already reeling from the loss of your loved one, having a determined legal advocate to fight unfair insurance adjusters for you becomes invaluable.

An attorney will handle all communication with insurance companies, build a compelling case supported by evidence, and negotiate for a fair settlement. If the insurer refuses to offer compensation that is just, your attorney can take your case to court to fight for the justice you deserve.

Find Strength in Compassionate Legal Support

Navigating a wrongful death claim while grieving is a journey no one should walk alone. The legal system can be complex, but with the right guidance, you can hold the responsible parties accountable and secure your family’s financial future even in the midst of this challenging time.

If you have lost a family member due to someone else’s negligence but are unsure whether a wrongful death claim is the right step, we invite you to contact Anspach Law Office. We will listen to what you’ve experienced, explain your rights, and champion your case with the dedication and compassion you deserve.