Did you lose a family member in an accident in Peoria, IL? This is an unspeakable tragedy that nobody should have to endure. While no amount of money could ever adequately make up for what happened, our attorney at Joel E. Brown, P.C. can help you file a wrongful death claim for compensation and a sense of justice.
We’ve been fighting for the rights of families in Peoria since 2000. Our Peoria wrongful death lawyer has over 30 years of experience and has secured millions of dollars in jury verdicts and settlements. If you hire us, we’ll make your case our priority and will work hard to maximize your compensation.
Contact our Peoria law offices today at (309) 673-4357 to get started. We offer a free initial consultation to answer all of your questions.
How Joel E. Brown, P.C. Can Help With Your Family’s Wrongful Death Claim in Peoria, IL
Ideally, the party responsible for your loved one’s fatal accident would accept legal responsibility for their actions and compensate you fully. In reality, insurance companies and other defendants will do whatever they can to minimize or escape liability altogether. Without an experienced wrongful death attorney in Peoria on your side, you risk an unfavorable outcome.
Don’t let that happen; hire Joel E. Brown, P.C. Our Peoria personal injury lawyer will work hard from start to finish to obtain winning results for you. The Million Dollar Advocates Forum and The National Trial Lawyers are two of many legal organizations that have recognized our attorney for his work.
Our team can help by:
- Internally investigating the incident
- Determining your legal rights and options
- Detailing all of your damages
- Hiring leading expert witnesses
- Negotiating a favorable settlement
- Handling all the paperwork and procedures
- Filing a lawsuit in Peoria County if need be
Reach out to our compassionate attorney in Peoria, Illinois, today for more information. Your initial case review is completely free of charge.
What Is Wrongful Death in Illinois?
The Illinois Wrongful Death Act covers this area of the law. Any fatality caused by a wrongful act, neglect, or default can lead to a wrongful death claim in the state. If the deceased person could have filed a personal injury lawsuit had they survived, that generally means there is a valid wrongful death claim.
In Illinois, only the personal representative (also referred to as the executor) of the deceased person’s estate can file this type of lawsuit. If no personal representative was appointed, the court may appoint one.
Many wrongful death cases involve criminal acts, so the responsible party may be facing charges. However, this does not preclude you from filing a wrongful death claim – these cases are civil, not criminal.
The burden of proof in a criminal case is “beyond a reasonable doubt,” whereas it is “by a preponderance of the evidence” in a civil case. That means you can still recover compensation and win your wrongful death case even if the at-fault party is acquitted (found not guilty) in criminal court.
What Is the Value of My Peoria Wrongful Death Claim?
Wrongful death claims can potentially be worth a lot of money, but it depends on the unique facts and circumstances involved in the case.
Our legal team will assess the following factors as we evaluate the value of your claim:
- The identity of the responsible parties
- Insurance policy terms, limits, and conditions
- The nature of the accident
- Whether your loved one shares responsibility for the incident
- The financial losses incurred
- The pain and suffering you and your loved ones have experienced
- The deceased person’s age at the time of death
Not every attorney is equally skilled, so your choice of legal representation could also impact your case’s value. As an example, some lawyers are more effective than others at negotiating a full settlement.
We Can Help With Any Type of Wrongful Death Case in Peoria
With three decades of experience practicing law, our Peoria personal injury attorney is qualified to help you with any type of case.
We can provide assistance after the following types of fatal accidents:
- Car accidents
- Slip and fall accidents
- Workplace accidents
- Construction accidents
- Defective product accidents
- Truck accidents
- Intentional acts, such as assaults
- Motorcycle accidents
- Medical malpractice
- Pedestrian accidents
- Bicycle accidents
Get in touch with our legal team today. We can help you explore your best course of action during your free consultation.
What Damages Can I Recover by Filing a Wrongful Death Claim in Peoria, Illinois?
Wrongful death damages in Illinois are different from what you can recover in most personal injury cases. Both economic and non-economic damages are available, but they are more limited. Punitive damages may also be an option in cases that reach trial.
Economic damages represent financial losses, whereas non-economic damages represent more subjective losses.
Examples of each include:
- Grief, sorrow, and mental suffering from the surviving family members
- Loss of financial support from the deceased person (such as lost wages)
- Loss of consortium, which means the loss of companionship, sexual intimacy, and more
- Loss of education, instruction, and other training the deceased person could have provided
Unlike other states, Illinois does not cap wrongful death damages. As noted above, punitive damages may be available in rare cases. However, these damages require strong evidence proving that the defendant was egregious in their behavior – for example, maliciously causing the incident.
What if My Loved One Is Being Blamed for Their Wrongful Death Accident in Illinois?
The Illinois modified comparative negligence statute applies to wrongful death claims involving shared fault. Under this law, you can still receive compensation so long as your loved one was not mostly responsible for the accident.
A percentage of fault may be assessed, and this cannot reach 51% or more. As long as it’s lower, the primary consequence is that your damages can be reduced. For instance, if your loved one was 20% responsible, your wrongful death damages can be reduced by 20%.
A knowledgeable wrongful death attorney can respond to allegations of blame, helping you to maintain the full value of your case.
How Much Does It Cost To Hire an Illinois Wrongful Death Attorney?
Almost every wrongful death lawyer in Illinois works for a contingency fee instead of charging upfront, by the hour, or a flat amount. With this structure, you only pay attorney’s fees if your lawyer obtains compensation for you.
In most cases, your lawyer will receive about 33% of the money they recover – whether via a settlement agreement or jury verdict. If no compensation is recovered, you don’t pay attorney’s fees.
This can be a beneficial framework for you and your attorney. For one, you can hire any wrongful death attorney you want without regarding your finances. Further, your lawyer is incentivized in your favor.
What Is Negligence, and How Do I Prove It?
Most wrongful death claims are based on negligence, which essentially means carelessness. If someone acts unreasonably under the circumstances, they may be held liable for negligence.
You need to support four legal elements with evidence to win your case:
- Duty of care
- Breach of duty
- Causation, both proximate/factual
- Damages
As noted above, the burden of proof standard is “by a preponderance of the evidence,” which means it is more likely than not that your claims are true.
Available forms of evidence include:
- Physical evidence
- Photos and videos
- Surveillance camera footage
- Expert analysis
- Eyewitness reports
- Medical records and other documents
We’ll work on your behalf to gather as much evidence as we can to help prove your claim. Our attorney is also experienced at trial; if necessary, we can gather additional information through pretrial discovery.
How Much Time Do I Have To File a Wrongful Death Lawsuit in Illinois?
Under the Wrongful Death Act, the time limit to file a lawsuit in most cases is two years from the date of your loved one’s death. It is crucial that your lawsuit is filed on time because the court can dismiss your claim outright if you are too late.
Exceptions do exist to this deadline, but they are few and far between. To best protect your legal interests, call us for a free case review today or as soon as you can.
Schedule a Free Consultation With Our Trusted Peoria Wrongful Death Attorney
No person should ever have to endure losing a family member unnecessarily. Joel E. Brown, P.C. is passionate about fighting for the rights of victims and their loved ones in Peoria and will do everything in our power to assist you.
To learn more about our services or to begin your case, contact our Peoria wrongful death lawyer today for a free consultation.