The Chicago, Illinois law office of Philip F. Maher & Associates is a dynamic law firm that has achieved outstanding litigation results for seriously injured clients since 1972. With over 90 combined years of experience and success in prosecuting cases against wrong-doers, Wrongful Death Attorneys Philip F. Maher, Stephen E. McLean and Janice L. Schaffrick provide strategic and forceful representation to victims of catastrophic permanent injuries including medical malpractice, product liability, automobile negligence, construction injuries and premises liability.

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in Illinois, the following elements must be present:

• The death of a human being
• Caused by another's negligent or intentional conduct
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased

Under what circumstances can a wrongful death occur?

Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:

• Medical malpractice resulting in decedent's death
• Neglect or abuse on the part of a nursing home that results in decedent's death
• Automobile, bus, train, airplane or other common carrier fatality accident
• Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.)
• Death during a supervised activity (sports tournament, field trip, etc.)

Who can file a wrongful death lawsuit?

A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.

Pecuniary (financial) injury is the main way damages in wrongful death cases are awarded. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.

How do I know if I need an attorney?

If you have been seriously injured in Chicago, Illinois, or within the surrounding areas of Illinois, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Illinois State laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries. The Illinois serious injury attorneys of Philip F. Maher & Associates can advise you on the applicable statute of limitations for your injury case.