Wrongful Death Lawyer Bloomington IL
If you have lost a loved one and need a wrongful death lawyer Bloomington IL, you will be in good hands at Koth Gregory & Nieminski. Our law firm has obtained significant financial compensation and reduced the stress of this challenging process for numerous families in Illinois.
Selecting An Experienced Wrongful Death Lawyer Bloomington IL Will Make A Big Difference In Your Case
We believe our law firm is the most qualified to help Illinois families get the compensation they deserve for the following reasons:
- Free Consultation. No charge to discuss your claim.
- You don’t pay us unless we win your case.
- Convenient Appointments. In-home, phone, zoom, or at our office.
- Experience. 80+ years of combined experience.
- Proven track record. Over $150 million for our clients.
- Client Satisfaction. See our Google Reviews and Testimonials.
- Local. Bloomington-Normal is our home and we protect our people.
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What Is A Wrongful Death Claim?
A wrongful death claim is the type of legal action an attorney would pursue on behalf of someone whose family member died because of the negligent or intentional acts of another person or business.
Wrongful death claims are often considered to be similar to personal injury claims because they both result from negligent or intentional acts. While personal injury claims and wrongful death claims have some overlap, there are important distinctions.
The most obvious distinction between personal injury cases and wrongful death cases is that wrongful death is governed by an entirely different statute (740 ILCS 180) known as the Wrongful Death Act.
There are a lot of lawyers who handle personal injury, but they may not have much experience litigating claims under the Wrongful Death Act because most injuries do not result in death.
When a person’s injuries are so severe that it causes their death, the surviving family members need to hire a more experienced law firm that has been around long enough to have guided several other families through the additional challenges that accompany wrongful death claims.
How To Know If An Injury Lawyer Is NOT Qualified To Handle Wrongful Death Claims
Many personal injury lawyers are NOT equipped to handle the additional challenges of wrongful death cases for a few reasons.
First, there is no replacement for experience. The law office of Koth Gregory & Nieminski opened in 1990 as a personal injury law firm. By having over three decades of experience handling injury and death claims, our office has helped numerous families receive maximum compensation under the Wrongful Death Act.
However, many other law firms have not been in business long enough to have sufficient experience with wrongful death claims.
Even if a law firm has been in business for a long time, that does not mean they have been handling personal injury and wrongful death claims for that entire period.
Since most attorneys won’t tell people up front that they don’t have enough experience, DO YOUR HOMEWORK. Read their google reviews and see if any of them mention injury or death cases. You can also ask other people in the Bloomington-Normal area which types of cases the law firm is known for handling in McLean County.
Koth Gregory & Nieminski has a long-standing reputation as the area’s most prominent personal injury and wrongful death law firm. Our firm’s history of representing families impacted by tragic deaths goes way back. So much so that we used to be the only business featured on the back of the phone book in Bloomington-Normal (for those of you who remember when phone book ads were relevant).
Bottom line… If you plan to be the person bringing a wrongful death claim on behalf of a family member who was negligently or intentionally killed, make sure the attorney you hire is a very experienced wrongful death lawyer Bloomington IL.
Who Can Receive Compensation Under The Wrongful Death Act?
It is common for family members to not realize that a wrongful death claim is available to them. It is often not until expenses pile up that family members start Looking for help.
There may be several family members who can pursue a wrongful death claim in Illinois. The spouse and children are usually the people who file a claim because their loss is typically the most severe. However, if the deceased person is a child, the parents are the appropriate claimants.
More extended family members can pursue a claim as well depending on the circumstances. In Illinois, the legislature provides a list of who can obtain compensation. The list is in descending order starting with the primary claimants.
- Spouse and children
- Grandchildren
- Parents and Siblings
- Nieces and Nephews
- Grandparents
Knowing the order of who can bring a claim may be helpful but family dynamics can be complex and many people still have lots of questions. If you have questions, schedule an appointment with a wrongful death lawyer Bloomington IL so you can get the answers you need.
So How Does Adoption Factor Into This?
Adopted children and adoptive parents are given the same legal rights to pursue a wrongful death claim as biological children and parents. There are legal requirements to prove adoption status. A wrongful death lawyer Bloomington IL can review your documents and let you know whether you can bring a claim given your particular circumstances.
Who Can’t Pursue A Wrongful Death Claim?
Dating relationships, engagements, and living together do not establish a familial connection in Illinois so if that is your situation, sadly Illinois law does not give you the right to pursue a claim. This can come as quite a shoch to some people who lived with the deceased person for several years or planned to get married.
The list above is a useful guide to determining whether you can or cannot file a wrongful death claim. In general, if there is someone who is higher up on the list than you, then you cannot pursue the wrongful death claim. If there are people who are at the same level as you on the list, you should meet with a wrongful death lawyer Bloomington IL to learn how to handle that situation.
Compensation Available For Wrongful Death Claims
Under the Illinois Wrongful Death Act, there are different types of compensation available for wrongful death claims, including:
- Economic Damages: These are damages that compensate the family members for the financial losses they have suffered as a result of their loved one’s death. Economic damages can cover costs such as funeral and burial expenses, medical bills incurred from the deceased’s last illness or injury, and the potential future income the deceased would have earned.
- Non-Economic Damages: These are damages that compensate the family members for their emotional pain and suffering, loss of companionship, and other intangible losses resulting from their loved one’s death.
- Punitive Damages: When the actions of the defendant are especially heinous or careless, the court may grant punitive damages. This form of compensation is designed to penalize the defendant and prevent such behavior from occurring again..
- Survival Damages: There can also be compensation available for a survival action if the deceased person did not die quickly from the incident and had medical bills and pain and suffering while alive. The compensation for a survival action is very different though because the proceeds go to the deceased person’s estate and are subject to creditors instead of going directly to the family member pursuing the wrongful death claim.
It’s important to note that the amount of compensation available in a wrongful death claim can vary depending on the specific circumstances of the case. Consulting with an experienced wrongful death lawyer Bloomington IL can help you understand your legal rights and options.
Is There A Deadline To File A Wrongful Death Lawsuit in Illinois?
Our office recommends filing a lawsuit within two years of the date of the incident if a settlement has not been received by that time. There are several reasons for this recommendation, but the primary reason is that it is ideal to bring a wrongful death claim and survival claim together in the same lawsuit if the facts support it.
In Illinois, the deadline (a.k.a. statute of limitations) is two years from the date of injury to file a survival lawsuit. However, the deadline is two years from the date of death to file a wrongful death lawsuit. These dates may be different, but to make sure no deadline passes, it is better to use the earlier of the two dates and file the lawsuit within two years of the incident date.
Exceptions To The 2 Year Deadline
There is an exception to the two-year deadline if the claim is against a government entity or its employee(s). This deadline is imposed by the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101). To make it more confusing, there are exceptions to this exception, such as when the injured party is a minor or incapacitated.
There is another exception to the two-year deadline if the death resulted from murder or manslaughter, in which case the statute of limitations increases to five years from the date of death or within one year of the final disposition in the criminal case. However, even if this is your situation, our office recommends pursuing the wrongful death claim within two years if possible because you don’t want to rely on a murder or manslaughter conviction to extend the deadline to file with the court.
It is important to understand that from a legal perspective, this exception only extends the deadline against the person who committed the violent act. This exception does NOT apply against any other entity. For example, if an employee of a business intentionally killed a customer, the deadline to file a wrongful death claim against the employee could be up to five years from the date the customer died (or one year after the final disposition in the criminal case). However, the deadline to file a wrongful death claim against the business would be two years from the date of death.
Regardless of the whether there could be an exception that would extend the filing deadline, meet with a wrongful death lawyer Bloomington IL as soon as possible after the incident.
Illinois Wrongful Death Claim Step-By-Step Guide (Applies to Survival Actions As Well)
Before diving into the step-by-step guide, it is important to understand the other types of claims that may accompany a wrongful death claim. For example, If the deceased person did not die immediately after the incident, then there may be a survival lawsuit that your wrongful death lawyer Bloomington IL needs to pursue in addition to the wrongful death claim.
The important differences between a wrongful death claim and a survival action are explained in depth towards the bottom of the page. For now, as we go through the step-by-step guide, just keep in mind that some steps vary depending on whether the wrongful death claim also includes a survival claim.
Wrongful Death Step-By-Step Guide – Quick Overview
Steps 1-3:
Steps 1-3 only apply to the survival claim. If your family member died instantly or very shortly after the incident, then a survival claim may not be a part of the wrongful death case.
1. Seek medical treatment.
2. Take photos and videos of the accident scene, the other people and objects involved, and the injuries that occurred.
3. Keep a list of medical providers who provided treatment.
Steps 4-8:
Steps 4-8 include the initial stage of hiring a qualified wrongful death lawyer Bloomington IL and the lawyer trying to resolve the claims without filing a lawsuit or going to trial.
4. Hire a wrongful death lawyer Bloomington IL.
5. Give the list of medical providers and all the photos, videos, and other evidence to your wrongful death lawyer Bloomington IL.
6. Your wrongful death lawyer Bloomington IL will obtain any documents or evidence needed to pursue the survival and wrongful death claims.
7. Your wrongful death lawyer Bloomington IL will develop the initial demand for compensation.
8. Your wrongful death lawyer Bloomington IL will attempt to negotiate a fair settlement on your behalf.
Steps 9-12:
Steps 9-12 get more intense. Your wrongful death lawyer Bloomington IL may need to file a lawsuit during this stage and if after building a strong case the insurance company/opposing party/insurance companies still won’t offer a fair settlement, then trial may be necessary.
9. Case Development by your wrongful death lawyer Bloomington IL.
10. Case Evaluation & Valuation by your wrongful death lawyer Bloomington IL.
11. Settlement
12. Trial
Wrongful Death Claim Guide-Detailed Explanation Of All 12 Steps
Now we will explain the 13 steps outlined above in greater detail. As mentioned above, steps 1-3 only apply to survival claims so if that does not apply to your situation, you may want to skip to step 4.
Step 1: Seek medical treatment.
It is important to seek appropriate medical treatment immediately after the accident. This may seem fundamental, but many people do not go to the emergency room or seek medical treatment immediately following an accident you know they are suffering pain and/or unable to do normal life activities.
Seeking medical treatment immediately post-accident preserves a medical history of the injuries and the extent of those injuries. This medical history is vital to proving the amount of compensation that should be awarded.
Step 2: Take photos and videos
Taking photos and videos is a critical part of any injury or death case. It is important to take photos of the accident scene because if the case goes to trial, the jury is more sympathetic when they can see the damage as opposed to just hearing about it. In addition, sending these photos and videos to the opposing party/insurance companies gives them a more compelling reason to offer a fair settlement.
The same is true about taking photos and videos of the other people and objects involved in the accident.
The same is also true about taking photos and videos of the injuries that occurred. However, the photos and videos of injuries should be done differently. It is helpful to take pictures of injuries each day for as long as the injuries persist.
This is especially true if there is swelling or scarring because it is powerful for a jury to see repetitive photos of the injuries especially with time stamps showing that they persisted day after day.
Step 3: Keep a list of medical providers
Step 4: Hire a wrongful death lawyer Bloomington IL
Step 5: Give everything to your lawyer
It is great if clients can give their wrongful death lawyer Bloomington IL all the relevant information and evidence they have. This gives the lawyer a head start and a good idea of where to spend time gathering additional records and evidence.
If you don’t have much information or evidence, then at least give your wrongful death lawyer Bloomington IL a list of medical providers who provided treatment and the identifying information for the deceased person as well as your contact and identifying information. Your wrongful death lawyer Bloomington IL can take it from there.
Step 6: Lawyer obtains additional evidence
Your wrongful death lawyer Bloomington IL will obtain any documents or evidence needed to pursue the survival and wrongful death claims, which include:
1. medical records
2. medical bills
3. police report
4. witness statements
5. defendants’ insurance policies
6. videos capturing the incident (some street intersections and businesses in Bloomington-Normal have cameras that may have caught it on camera)
7. photos of the incident scene, the vehicles involved if it was a car accident, and the injuries the person suffered
8. any other relevant evidence to prove your claim
Step 7: Lawyer develops the initial demand for compensation.
Your wrongful death lawyer Bloomington IL will identify the negligent acts, or negligent failures to act, of the responsible person(s). Your lawyer will quantify the measure of money damages suffered by you for your loss of the deceased person, taking into consideration the other person(s) negligent acts or omissions and the insurance coverages and policy limits.
Your wrongful death lawyer Bloomington IL will speak with you about the amount your lawyer believes is appropriate to demand. Once you have agreed to the initial demand amount, your wrongful death lawyer Bloomington IL will submit a written demand for settlement to the insurance companies.
Step 8: Lawyer attempts to negotiate a fair settlement on your behalf.
Your wrongful death lawyer Bloomington IL will negotiate with the insurance companies for a settlement of your claim. At KGN we consult with our clients every step of the way.
This is where trust, experience, and results really matter. Clients need to trust their wrongful death lawyer Bloomington IL to know the law, use the facts to the client’s advantage, and advocate for the client in negotiations and court.
Trust is difficult to earn and easily lost. Many clients have found it easier to trust our office than other law firms because of our extensive experience and successful results in court.
Our extensive experience helps us evaluate what the claim is worth in the venue where the case would go to trial. Our successful trial record has garnered our office a reputation with insurance companies as aggressive advocates. The insurance companies know they must negotiate fairly with our office or risk losing in court.
Step 9: Case Development
Your wrongful death lawyer Bloomington IL will develop your case even during settlement negotiations. A great wrongful death lawyer Bloomington IL is always prepared for trial whether the case settles or not. Most cases do settle, but the great lawyers never assume that the case will settle. Quite the contrary, a great wrongful death lawyer Bloomington IL prepares for trial and if/when the case settles it will most likely be a great result because the insurance company will know that the lawyer is well prepared to file suit and take the case to trial if necessary.
Some particulars of how a wrongful death lawyer Bloomington IL develops the case include:
1. Going to the incident scene personally
2. Enlarging all good photos
3. Meeting with all witnesses who saw the incident
4. Meeting with all treating physicians
5. Consulting with several other potential experts such as additional medical and mental health experts, family counselors or therapists for loss of consortium and other relational injuries, accident reconstructionists, and economists for economic damages/wage loss
Step 10: Case Evaluation & Valuation
Case Evaluation
After the facts and evidence have been gathered, the at fault person(s) or companies have been determined, and all potential insurance policies and coverages analyzed, your wrongful death lawyer Bloomington IL will evaluate the best venue for trial, if necessary. The venue is the courthouse where the trial takes place. It could be a state or federal courthouse. Venue matters. A great wrongful death lawyer Bloomington IL know the venues which are favorable for wrongful death cases.
Case Valuation
In Illinois, compensation for wrongful death claims may include:
1. Economic damages: These are monetary losses that can be easily quantified and include medical bills, funeral and burial expenses, and loss of future income or financial support that the deceased would have provided to their family.
2. Non-economic damages: These are losses that are more difficult to quantify, such as pain and suffering, loss of companionship, and emotional distress.
3. Punitive damages: These are damages intended to punish the responsible party for particularly egregious behavior. In Illinois, punitive damages are only awarded in cases of willful and wanton misconduct or gross negligence.
The amount of compensation that may be awarded in a wrongful death claim depends on various factors, including the victim’s age, earning capacity, and life expectancy, as well as the nature of the incident that caused the death. A great wrongful death lawyer Bloomington IL knows how to maximize the recovery of damages each category.
Step 11: Settlement
Most wrongful death claims settle. There are good and fair settlements, and there are bad and unfair settlements. Insurance companies take advantage of the fact that the families of the deceased person are simply not familiar with the laws and the intricacies of presenting and proving a winning claim and recovering full compensation for the claim. A great wrongful death lawyer Bloomington IL knows how to present and prove a claim to maximize recovery for the deceased person’s family.
At KGN we negotiate with insurance companies on behalf of our clients to maximize settlements and the amount of money our clients rightly and justly deserve. At KGN we keep our clients fully informed and fully engaged with every step of the claim including settlement negotiations
Step 12: Trial
While most injury claims settle, some claims require trial, which is typically the final stage of litigation. The term litigation means filing a lawsuit, pretrial preparation and discovery, and then the trial itself.
Trials allow for a jury to decide the case. Insurance companies do not like to lose control of the amount of money they have to pay. The fear of facing a jury verdict is what really makes insurance companies voluntarily pay what they owe to fully and fairly compensate the deceased person’s family.
It is essential when choosing a wrongful death lawyer Bloomington IL to hire a lawyer who has won several jury trials. At the end of the day, winning is all that matters. There is simply no replacement for successful jury trial experience.
Koth Gregory & Nieminski’s successful trial experience is known to insurance companies, and it pays off for our clients whether by settlement or by jury verdict at trial.
The Important Difference Between A Wrongful Death Claim Versus A Survival Action
You want a Wrongful Death Lawyer Bloomington IL to maximize the amount of compensation towards the wrongful death claim as opposed to the survival action. The money for the wrongful death claim is designed to compensate the surviving spouse, children, and/or parents for the grief experienced and the loss of economic support, affection, companionship, guidance and protection.
A survival action in Illinois, is a claim requesting damages that your loved one suffered between the time of injury until his or her actual death. Survival actions account for damages suffered by the accident victim, meaning their medical costs, pain, and suffering.
The problem with survival actions is that the compensation can be reduced by creditors and estate taxes, and can be subject to probate laws. It benefits you as the beneficiary of the wrongful death claim to have most of the compensation attributed to the wrongful death action.
You need a Wrongful Death Lawyer Bloomington IL to negotiate a settlement that attributes as much of the money to the wrongful death claim as possible. If the accident victim’s death was immediate, then it is not an issue. However, it is common for people to be severely injured, life-flighted or ambulated to a nearby hospital, and then pass away hours, days or months later.
In these situations where the deceased person survived for a period of time, it is essential to hire the best wrongful death lawyer Bloomington IL to ensure you receive the most compensation.
Koth Gregory & Nieminski – Most Prominent Wrongful Death Lawyer Bloomington IL
Most wrongful death cases in Illinois are from car accidents. Work accidents, defective products, assault and battery, and medical malpractice are some of the other causes that frequently warrant hiring a Wrongful Death Lawyer Bloomington IL.
Trying to do this on your own without a Wrongful Death Lawyer Bloomington IL is very challenging. Unfortunately, the insurance companies’ goal is to pay a little as possible. You and your loved one are just numbers on a balance sheet to them.
If your spouse, child, or parent was tragically killed in a car accident or other accident that was caused by another person or company, we want to help you. We want to eliminate some of your stress by dealing with the insurance companies for you. We know that no amount of money changes things, but we want to take this burden off your shoulders and at least get you fair compensation under the law. Hopefully this allows you to focus on coping with your loss and celebrating their life.
Other Reasons To Hire KGN As Your Wrongful Death Lawyer Bloomington IL
Estate Planning Considerations. Koth Gregory & Nieminski has significant experience with estate planning and probate cases so your KGN Wrongful Death Lawyer Bloomington IL can help you navigate those issues.
If your loved one did not have a trust, then most likely you will need to open a probate case for them and we can help you with that. Even if there is a trust in place, it may be helpful to have us guide you through the trust distribution of assets.
Other Legal Considerations. If alcohol or drugs were involved, either consumed by the person at fault or your loved one, our office has extensive experience handling criminal defense cases so we know how illegal conduct can impact the wrongful death claim.
If alcohol or drugs were involved with the incident, you can learn more about our experience with these issues by going to Criminal Defense Lawyer Bloomington IL.
It is also common to need an attorney to help you sell the deceased person’s real estate. Many lawyers don’t have the necessary experience to handle a real estate closing when a deceased person’s estate is technically the seller. Our attorney at KGN have significant experience handling real estate closing for estates. To learn more, click Real Estate Lawyer Bloomington IL.
Regardless of the issues involved, you can rest assured that you are in good hands with your Wrongful Death Lawyer Bloomington IL at Koth Gregory & Nieminski.
Schedule A Free Consultation With An Experienced Wrongful Death Lawyer Bloomington IL
If you recently lost a loved one, click here to schedule a free, no obligation consultation today with an experienced Wrongful Death Lawyer Bloomington IL.
