After the Loss of a Loved One, Call the Decatur Wrongful Death Lawyer at the Noll Law Office
Anyone who has lost a loved one in an accident in Illinois should seek the help of a Decatur wrongful death lawyer. Although most families do not believe that it will ever happen to them, sadly statistics paint a different picture. Figures from the Centers for Disease Control and Prevention (CDC) reveal that accidents rank as the third leading cause of death nationwide. Among these unintentional fatalities, the CDC identifies falls and motor vehicle accidents as the primary causes – all of which could occur on our local roads or in local businesses in Macon County, or in hospitals, nursing home facilities, or on another’s property. In just Illinois, the state’s Department of Public Health documents nearly 10,500 deaths annually due to accidents. However, even where the causes of fatal accidents are clear, defense lawyers and insurance adjusters will still undermine or outright refuse to pay valid claims to protect their clients and insureds.
At the Noll Law Office, their dedicated legal team will not let defense lawyers and adjusters protect dangerous drivers, negligent landlords, or abusive nursing homes. Rather, their Decatur wrongful death lawyer will thoroughly investigate a case to determine both liability and the full extent of a victim’s and a family’s damages, ensuring that they obtain the compensation that they deserve and are entitled to under Illinois law. Attorneys Sarah Noll and Dan Noll have handled cases against some of the largest defense law firms and insurance companies in the country, providing crucial support to families throughout the legal process to ensure they are compensated for the wrongful death of their loved one. To learn more about how the Noll Law Office can help you and your family, schedule a free appointment with them today by dialing (217) 414-8889.
Defining Wrongful Death in Illinois
Not every death qualifies as a “wrongful death” under Illinois law. In fact, not every death after an accident may be a wrongful death. Thus, it is important to understand the important distinction in order to know when to advocate for you family’s rights.
In Illinois, the law defines a wrongful death as “the death of a person . . . caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if the death had not ensued, have entitled the party injured to maintain an action and recover damages[.]” In simpler terms, a wrongful death occurs when a victim would have had a personal injury claim if they survived.
Because of this important distinction, families will need to establish both that the victim’s death was related to the accident, and that the accident would have permitted a personal injury action. In doing so, the family needs to prove liability and causation of the personal injury action too. Therefore, families have two prongs to satisfy, making wrongful death cases a lot more complicated than other types of cases. As a result, families need to hire an experienced Decatur wrongful death lawyer that can handle these types of very complicated cases such as the lawyers at the Noll Law Office.
Examples of Wrongful Death Cases in Illinois
Since a wrongful death claim requires that a victim would have had a personal injury claim had he or she survived the accident, there are many possible examples of the types of personal injury claims that could give rise to a wrongful death case in Illinois. These cases could be based on an intentional act, such as manslaughter or murder, or a negligent act, such as in a car crash. Generally, most wrongful death actions handled by personal injuries lawyers in Illinois relate to negligently-caused accidents.
Some of the most common examples of personal injury claims that could satisfy the definition of a wrongful death in Illinois include the following:
- Motor vehicle accidents – any type of motor vehicle crash could give rise a wrongful death action, and it is one of the most common ways too. This includes car accidents, truck wrecks, and motorcycle collisions, often stemming from distracted driving, speeding, or driving under the influence. Pedestrian accidents are also increasingly common and frequently result in catastrophic or fatal injuries, especially in populated areas of Decatur and Macon County.
- Nursing home abuse, neglect, or negligence – errors by healthcare professionals in nursing homes and long-term care facilities can lead to resident deaths through misdiagnosis, delayed hospital transfers, medication errors, understaffing, neglect, abuse, or other serious oversights. However, nursing home abuse and neglect can also be a serious issue as well and lead to catastrophic personal injuries resulting in the wrongful death of an innocent resident – especially someone who is vulnerable.
- Slip and Falls or Trip and Falls – known as premises liability cases, slip and falls or trip and calls are a type of common personal injury accident that are a lot more common than most people believe. Indeed, falls are one of the top three leading causes of accidental death in the United States per the CDC statistics noted above. These are particularly likely to occur on stairways or in outdoor areas that are not well lit, poorly maintained, not cleared of snow or ice, and which are otherwise defective. Deaths caused by falls can result in a wrongful death lawsuit.
- Construction accidents – particularly in high-risk industries like construction and manufacturing, where unsafe conditions or employer negligence can result in fatal incidents, wrongful death claims are very common in Illinois. The “fatal four” types of construction accidents include falls from heights, struck-by objects, caught-in/between hazards, and electrocutions – all of which are preventable with proper safety measures – but all which occur the most frequently every year in the United States.
- Medical malpractice – preventable medical errors are also one of the leading causes of wrongful death in the United States. Whether it was a surgical error, failure to diagnose, or a birth injury, medical malpractice can result in wrongful death cases that should be handled by an experienced legal team like the Noll Law Office.
- Any other type of accident causing a death in Illinois, could qualify as a wrongful death under the statute, and should be evaluated by an experienced Decatur wrongful death lawyer.
Schedule a Free Consultation with a Decatur Wrongful Death Lawyer
If you and your family lost a loved one due to an accident in Illinois, you may be entitled to seek compensation in a wrongful death case. Although Illinois law does not define all deaths as wrongful deaths, an experienced Decatur wrongful death lawyer like Sarah Noll or Dan Noll can help you and your family determine what your rights may be under the law. Although no amount of compensation can truly make up for the loss of a loved one, recovering compensation for the loss of a loved one can help provide for your family during the grieving and healing process as you move forward. It can also provide you with the lost income and support that a loved one would have provided to you and your family.
To learn more about your rights after the loss of a loved one in Decatur, Macon County, or anywhere else in Illinois, schedule a free case evaluation with the Noll Law Office by dialing (217) 414-8889 or by emailing them today. Their dedicated and compassionate legal team can help you and your family protect your rights when a negligent defendant caused the wrongful death of a loved one. During this difficult time, you can trust the fifth-generation lawyers at the Noll Law Office to help guide you through the process just as they and their family have done for others throughout Illinois. To get started, call today.