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What to Do if You Think Your Spouse Has Died a Wrongful Death

 Posted on December 10, 2024 in Wrongful Death

Rockford, IL personal injury lawyerLosing your spouse can be one of the most devastating experiences you face. If the death was caused by someone else, whether intentionally or through their negligence, your distress can be compounded by anger and a desire to make sure justice is served. 

Although no amount of money can replace your spouse, holding the at-fault party fully accountable can give you a sense of closure and the funds to compensate for your losses. If you believe your spouse died a wrongful death, speak with an experienced Rockford, IL personal injury lawyer who can aggressively pursue the maximum amount of compensation available.

What Is Negligence in Wrongful Death Cases?

Drivers, physicians, property owners, employers, and other parties typically have a legal duty to use reasonable care to reduce the likelihood of accidents, incidents, and injuries. Negligence is when a party behaves carelessly in a way that endangers someone else. As it is the basis for many wrongful death and personal injury claims, victims generally need to demonstrate that the guilty party was negligent by proving the following:

  • Someone owed the victim a duty of care.

  • That party failed to uphold their duty of care.

  • The failure directly led to an accident or incident that injured the victim.

  • That failure resulted in damages and losses.

If someone’s negligence contributed to your spouse’s death, they should be held liable. An experienced personal injury attorney can help you make that happen.

What Kinds of Incidents and Accidents Can Lead to Wrongful Death?

In Illinois, you may qualify to bring a wrongful death and survival action if your spouse’s death was caused by:

  • Assaults or other intentional acts

  • Car and other motor vehicle accidents

  • Construction accidents

  • Medical malpractice

  • Nursing home abuse or neglect

In some of these cases, the victim’s wounds are immediately fatal. However, some victims can linger in significant pain, eventually passing despite intensive medical treatment. Either way, you may not know how to proceed or what your legal options are.

To seek compensation, you need to identify the at-fault party and gather evidence to support your claims. Documents must be completed correctly and submitted before deadlines. These and similar tasks can be overwhelming if you try to handle them alone, but they can be taken care of for you when you work with a qualified attorney.

What Should You Do if a Fatal Accident Claims Your Spouse’s Life?

The best thing you can do for yourself and your remaining family if your spouse dies in a fatal incident is to call Mannarino & Brasfield, A Division of Schwartz Jambois. From funeral and burial arrangements to comforting your children, you have enough to deal with. We can diminish your burdens by handling all aspects of your wrongful death case. We will:

  • Thoroughly investigate the circumstances surrounding your spouse’s death, gathering vital information

  • Uncover evidence pointing toward one or more at-fault parties

  • Process all case-related documents

  • Offer guidance based on our decades of experience and extensive legal knowledge

  • Require insurance company communications to come to our offices rather than directly to you

  • Meticulously evaluate all your eligible damages

  • Negotiate aggressively with insurers to reach an acceptable settlement offer

  • Vigorously litigate your case at trial if necessary

We focus on protecting your rights and best interests, so you can trust that we will handle your case effectively. As your advocate, we will work diligently to achieve the best possible outcome for your case.

What Damages Can You Potentially Receive for Your Spouse’s Wrongful Death?

Damages, which are specific losses and their reimbursement or compensation, can vary significantly from case to case. By filing wrongful death and survival actions, you could receive damages for your spouse’s eligible losses as well as yours and your children’s. The damages you may collect through a survival action reflect the losses your spouse suffered due to the incident or accident causing his death. Wrongful death damages following the death of a spouse relate to the losses you and your children face.

Economic Damages

Your spouse’s death led to multiple expenses. Economic damages in personal injury, survival action, and wrongful death cases are tied directly to those expenses. In addition, you may also be reimbursed for future financial losses. Economic damages often include:

  • Medical care costs

  • Past, current, and future lost income

  • Property damage

  • Replacement services

  • Loss of inheritance

  • Loss of benefits and healthcare coverage provided by your spouse’s employer

  • Funeral and burial expenses

Non-Economic Damages

Your spouse may have suffered various intangible losses before his death. You and your children have also experienced similar losses and will likely continue to do so. Non-economic damages are intended to compensate you for intangible but very real losses, such as:

  • Loss of companionship

  • Pain and suffering

  • Loss of consortium

  • Loss of guidance and support

  • Loss of the services your spouse would have provided to your family

  • Emotional and mental anguish

These losses can be difficult to quantify. The insurance company liable for your damages will probably try to avoid paying non-economic damages. Working with an experienced personal injury lawyer often results in better outcomes, since they know how to push insurers regardless of their attempts to avoid paying you what you deserve.

Will Liable Insurance Companies Pay Your Claim Fairly?

Most people think insurance companies are fair when presented with a claim for payment. However, this is generally not the case, and the stakes can be too high to trust their words, particularly because after formally accepting a settlement offer, you cannot request additional payment later, even if you realize your settlement amount does not reflect your total losses.

Unfortunately, an insurer’s best interests are in direct opposition to yours. They often use many tactics to protect their profits rather than making reasonable payments. Underhanded insurance company strategies frequently include:

  • Offering a fast settlement before all your damages are accounted for

  • Making extremely low settlement offers

  • Denying valid claims

  • Disputing the existence of your non-economic losses

  • Refusing to negotiate your settlement amount

  • Alleging that your spouse had some degree of fault for his fatal accident, which could decrease the company’s liability or disqualify you from receiving payment

  • Intimidating you

  • Using your statements against you

There is no excuse for this kind of treatment, but insurers do it every day to claimants who do not have legal representation. They cringe when they learn Mannarino & Brasfield, A Division of Schwartz Jambois, is handling your case because they know we refuse to be intimidated and will not back down from a fight to protect our client’s best interests. Our firm is known for its aggressive stance, competent counsel, and impressive victories.  

Schedule a Free Consultation With Our Dedicated Winnebago County, IL Wrongful Death Lawyers

When someone else’s negligence or intentional act claims your spouse’s life, Mannarino & Brasfield, A Division of Schwartz Jambois, is here to provide the compassionate support and unparalleled legal representation you need. Contact us online or call 815-215-7561 now to speak with one of our skilled Rockford, IL personal injury attorneys.

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