Wrongful Death on Vacation in Chicago: How to File a Lawsuit
Chicago is a beautiful place that attracts tourists from different parts of the globe and even from within the United States. Unfortunately, it also has one of the highest rates of gun violence in the country. If your loved one gets killed by a gun or any other means during a vacation, you will be devastated. However, with the assistance of a wrongful death lawyer from Chicago, you can file a lawsuit. It will not bring your dead loved one back but it will offer compensation and help you get justice. Let's show you how to do it.
Filing A Wrongful Death Lawsuit In Chicago
First, let's explain what a wrongful death lawsuit is. It is a civil action that you can take when someone close to you dies due to the intentional actions or negligence of another person. The compensation you will receive from the suit will be enough to cover the cost associated with the death and take care of the surviving family members of the person who died. If the incident happens in Chicago, your lawyer will have to establish that it qualifies for the suit by considering the following factors:
Duty of care
The person you are trying to sue must have been legally bound to act in a matter that doesn't result in harm to the deceased.
Breach of duty
When a person doesn't uphold the duty of care, it is called a breach of duty. It may be intentional or out of negligence.
Causation
The person who died was killed as a result of a direct breach of duty from the person who had the duty of care.
Damages
The death led to significant emotional and financial loss for you and other surviving family members of the deceased.
Determining Compensation
After your wrongful death lawyer from Chicago has established that the case qualifies for the suit, they will start gathering evidence to support your claim. This could be anything from medical records to witness statements. At this point, it would be best if you leave all the negotiations with the lawyer rather than trying to get in contact with the person you are suing. Your lawyer will determine compensation considering the following factors:
The circumstances surrounding the death and level of financial dependence the family had on the deceased.
The age, earning potential, and income of the dead person.
Death-related expenses like the funeral or medical bills.
The previous health and life expectancy of the dead person.
The nature and extent of the family's financial dependence on the deceased.
The emotional turmoil the family is experiencing due to the death.
In Chicago and all of Illinois, there is no predetermined limit on the compensation you can receive in a wrongful death suit. The court reserves the right to agree with an amount after considering all the necessary factors.
Finally, keep in mind that all wrongful death lawsuits must be filed within two years after the death of the person. This means time is of the essence. Seek justice immediately by contacting a wrongful death lawyer from Chicago if someone you love dies during your vacation in the city.
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