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Answers To Frequently Asked Questions... About Wrongful Death Claims
Hoey & Farina, P.C.
Personal Injury Lawyers / Wrongful Death Attorneys
A wrongful death of a loved one often happens unexpectedly, leaving family members faced with emotional loss, financial concerns and unanswered questions.
Following are answers to frequently asked questions regarding wrongful death claims. (As each wrongful death case is unique, please contact Hoey & Farina at 1-888-425-1212 for your free consultation about your specific rights and remedies.)
WHO CAN SUE WHEN A FAMILY MEMBER SUFFERS A WRONGFUL DEATH?
Hoey & Farina will investigate who best meets the legal requirements in determining an Executor of the Estate. It may be a surviving spouse, child, grandchild or other person otherwise entitled to inherit the property of the deceased. We will motion the court to appoint an Executor. With the court’s permission, the named Executor will then be allowed to file a wrongful death case on behalf of the deceased.
DO I NEED TO HIRE A LAWYER
You will be going go up against large insurance companies' entire legal staff. In order to protect your and your family’s rights, you need your own team! Hoey & Farina will provide you with your own team of experienced personal injury lawyers, paralegals, legal assistants, and investigators.
WHAT CAN I SUE FOR IN A WRONGFUL DEATH CASE?
Most courts allow for estates to recover for the following types of economic and non-economic losses:
- Medical Bills
- Funeral Expenses
- Actual And Future Lost Wages
- Financial Support
- Provides Services (Housekeeping, Childrearing, Etc.)
- Loss of Consortium (Love, Affection, Companionship, Mentoring, Etc.)
WHAT IS A WRONGFUL DEATH CASE WORTH?
The monetary value of a wrongful death claim is determined throughout the legal process as many factors about economic and non-economic damages are investigated and taken into consideration, along with: pain and suffering, percentage of fault / negligence of all responsible persons or companies.
WHO PAYS THE MEDICAL BILLS OR FUNERAL EXPENSES IN A WRONGFUL DEATH CASE?
Medical bills, both covered and not covered by health insurance companies, and funeral expenses, are costs which can be recovered from the responsible parties whose negligence resulted in your loved one’s wrongful death. Hoey & Farina will assist you with medical bills by contacting doctors and medical providers to request they accept payment after your wrongful death claim is resolved. And when the case is resolved, we will then contact the medical lien holders and attempt to have the remaining balances reduced.
WHAT IF I CAN'T AFFORD TO HIRE A LAWYER?
Hoey & Farina represents clients on a contingency fee basis, meaning we are paid only after we have obtained a settlement or verdict on your behalf. There are never any upfront costs to you.
HOW SOON DO I HAVE TO FILE A WRONGFUL DEATH CASE?
Statute of limitations vary depending on the nature of the cause of action. For example, the statute of limitations for an auto accident generally is two years. However, if there is a municipality involved, the statute of limitations may be as short as six months. In a medical malpractice case, the statute of limitations may be as short as one year. It is important you speak with the experienced personal injury lawyer at Hoey & Farina as soon as possible. We will investigate all parties’ possible negligence and determine which rules apply for the statute of limitations in your case.
CAN I SUE A CITY OR GOVERNMENT AGENCY FOR A WRONGFUL DEATH?
Personal injury cases, including wrongful death claims, against a city or governmental agency are complex and subject to different statutes than a regular person or company. If you believe a loved one has suffered a wrongful death due to a city's or governmental agency’s negligence, please a personal injury lawyer at Hoey & Farina immediately at 1-888-425-1212, so we can determine the time in which you have to file a claim.
DO YOU HANDLE CASES AGAINST MERCK OR OTHER DRUG COMPANIES?
Hoey & Farina represents clients who have suffered a serious injury or wrongful death due to a drug, vaccine or other pharmaceuticals, including the Gardasil HPV Vaccines, “One Less” by Merck.
IS A WRONGFUL DEATH AT WORK COVERED BY WORKERS’ COMPENSATION ONLY?
Workers’ compensation may not be the only source to recover from for a wrongful death at work. This is why the accident needs to be investigated as quickly as possible. There may be a “third party” involved that could also be held liable for damages. For example, if a worker dies after falling off a scaffold, the scaffolding should be looked at as a possible cause in that it may have been negligently designed or manufactured. The parties responsible for the negligent design or manufacturing could be sued for the wrongful death, in addition to the workers' compensation claim.
WHAT IF MY FAMILY MEMBER WAS UNEMPLOYED WHEN THEY DIED?
There are several reasons why a family member might have been unemployed. If your family member was in between jobs, but normally a sole, or one of two, financial providers, the past wages will be considered when determined future lost wages / financial support. Additionally, the costs for you, the survivor, to return to school to obtain a job sufficient to support your family would also be considered. And, if your family member was a stay at home mother or father, the cost of child care, housekeeping and other similar activities would be considered when determining wrongful death economic damages.
DO I HAVE TO GO TO COURT?
The thought of having to "go to court" may be intimidating. Know that throughout the entire legal process, Hoey & Farina's experienced and compassionate staff will be there with you. We will attempt to settle your case, but will also be prepared to go to trial if necessary in order to obtain the very best result for you.
HOW LONG WILL MY CASE TAKE?
Having all aspects of your what caused your serious injury well documented with:
- Police Report
- Personal Injury Report
- Medical Records And Medical Bills
- Employment Record and Tax Form
- Auto Repair Receipt
- Defective Product Receipt
will help prove your case and may result in a faster settlement of your personal injury claim or wrongful death claim.
If you or a loved one has suffered a serious injury or a wrongful death, call a respected Chicago personal injury lawyer / Illinois wrongful death lawyer at Hoey & Farina at 1-888-425-1212, or complete this form, for your FREE CONSULTATION. Hoey & Farina represents clients throughout the United States.