Chicago Personal Injury Law Firm

If you have suffered injuries caused by the negligence of another party, it’s important to hire an experienced personal injury lawyer who can get the best possible settlement or verdict for you. At Herbert Law Firm, our injury lawyers work aggressively on your behalf to ensure that all responsible entities are held accountable. As a reputable Chicago personal injury law firm, we have a proven track record of obtaining highly successful settlements and verdicts.

Helping Chicago Accident Victims Hold Negligent Parties Accountable

Whether you’re an emergency responder or simply a victim who has been injured in Illinois, our injury attorneys in Chicago will fight on your behalf to ensure that all responsible entities are held accountable. Like other injured Chicago residents, police and other emergency responders have the right to bring an individual civil damage claim against a party who injures you. The law even allows officers to bring such a claim against their own employer for injuries the employer caused.

Work related injuries
Car accidents
Bicycle and motorcycle accidents
Truck accidents
Railroad accidents
Construction accidents
Wrongful death
Medical malpractice
Dog bites

If you or a loved one has been injured in a personal injury accident, contact the legal professionals at Herbert Law Firm. Our Chicago personal injury law firm can help you get the results you deserve.

Car Accidents

Chicago Car Accident Lawyer Fights for the Compensation You Deserve

When you’re injured in a car accident, you may be offered significantly less than what your claim is worth. Our car accident attorneys will:

Perform in-depth investigations of crashes
Interview witnesses
Gather evidence to support your claim
Ensure that all injuries and medical treatment are documented
Negotiate settlements that are generally far more than what insurance companies initially offer

If an accident case goes to court, our injury lawyers will ensure that your rights are protected. We will help you obtain financial compensation for medical bills, lost wages, pain and suffering, and other damages to which you may be entitled.

Chicagoans spend hours on highways and city streets throughout Illinois every day. When you share the road with distracted drivers, inexperienced motor vehicle operators, and reckless or impaired motorists, your safety and well-being can be jeopardized in the blink of an eye.

In 2018 alone, Illinois saw more than 319,000 motor vehicle accidents that caused over 94,000 serious injuries. That same year 1,035 victims lost their lives in car crashes.

Car Accidents Result in Serious Consequences

When people become victims of serious motor vehicle crashes they are often faced with a number of physical and emotional challenges, financial burdens and other hurdles that make putting their lives back together difficult. They often face mounting medical bills, the inability to work and provide for their families, pain and suffering and mental distress, the loss of physical abilities and property damage. Our car accident attorneys can help victims and their families find relief from the financial stressors that occur after a crash.

Factors that Contribute to the High Number of Car Accidents in Illinois

Our attorneys have achieved successful outcomes for victims who have suffered car accident injuries due to a variety of causes.

Some of the most common contributing factors in the rise of vehicle crashes and fatalities in the state include:

Drunk or Drugged Driving: The consumption of alcohol or medications can significantly affect a motorist’s ability to drive safely. According to the Illinois Department of Transportation, about 25% of car accident fatalities involve a drunk or drug-impaired driver.
Speeding: Crashes involving speed accounted for 33.7% of auto accidents in 2018.
Distracted Driving: Despite increased regulations, drivers still continue to talk, text on cell phones, eat and drink, and perform other distracting behaviors while operating motor vehicles.

Legal Representation Makes a Difference

Contact Herbert Law Firm today at 312-655-7660 for a free consultation about your car accident case.

Construction Accidents

Our Attorneys Get to the Bottom of Construction Accidents in Chicago

Our injury lawyers represent victims in Chicago and the surrounding communities who have suffered significant injuries in construction accidents. While workers’ compensation insurance in Illinois is designed to cover some of the costs associated with worksite injuries regardless of fault, the coverage is limited and often does not compensate victims for all of the damages incurred. Our attorneys are passionate about getting to the bottom of construction site accidents to ensure that victims receive full compensation from every liable entity.

With the myriad of parties who are typically involved at construction sites, identifying all of the entities who played a part in the dangerous conditions that caused your injury requires ample amounts of experience, knowledge and dedication. General contractors, vendors, equipment manufacturers, property owners, managers and even delivery truck drivers are frequently regulars on a job site; their direct actions, faulty equipment or negligent acts are sometimes factors in serious accidents that cost victims much more than a workers’ comp claim will pay. We conduct thorough investigations to determine every factor that played a part in your injuries, establish who may be liable, and help you seek damages from those who should be held accountable.

Some of the damages our construction accident clients receive include:

Construction Accidents Can Cause Serious Injuries and Fatalities

Construction sites are often filled with hidden dangers and hazardous conditions that put even the most safety-conscious workers at risk for serious injury or death. According to the Occupational Safety and Health Administration (OSHA), 1,008 construction workers were killed on the job in 2018 alone. Additionally, Safety and Health Magazine reports that nearly every construction worker will experience at least one serious accident in his or her lifetime. And during a 45-year career in construction, a worker has about a 75% chance of suffering a disabling injury and a 1 in 200 chance of being killed on the job.

The Fatal Four Causes of Construction Accidents

According to the Department of Labor, the four most common causes of construction accidents that lead to death were responsible for 58.6% of construction worker fatalities in 2018. OSHA asserts that the elimination of these “Fatal Four” causes would save about 591 lives and countless disabling accidents every year.

Falls

In 2018, there were 338 deaths caused by falls at construction sites. With high-level scaffolding, ladders and fall hazards around nearly every turn, falls are a major risk for workers, inspectors and even property owners and managers.

Being Struck by an Object

11.1% of all construction worker deaths were caused by the victim being struck by an object in 2018.

Electrocutions

8.5% of construction site deaths reported in 2018, or 86 workers, were fatally electrocuted on the job.

Caught In or Between

In 2018, 55 victims lost their lives on construction sites by becoming caught in or between objects, machinery, collapsing structures or material.

Legal Options for Construction Accident Victims

If you’ve been seriously injured while working at a construction site, a number of legal options may be available. In addition to filing a workers’ compensation claim, you may be able to file a personal injury lawsuit and recover damages from any third parties who played a role in your injuries. Contact our Chicago injury lawyers at Herbert Law Firm at 312-655-7660 today to learn more about recovering financial compensation for construction injuries.

Dog Bites

Illinois Dog Bite Attorneys Help Victims Obtain Financial Compensation

Dog bites can cause serious injuries that are often life-changing. Many victims suffer long term, and even permanent physical and emotional damages that significantly impact their lives, often resulting in ongoing medical treatment and/or the inability to work. Animal attacks can even be fatal.

If you have been injured by a dog bite that is the result of the dog owner’s negligence, you may be entitled to monetary compensation for past and future medical treatment, scarring and disfigurement, lost wages, pain and suffering, and more. Our personal injury lawyers can help you obtain financial compensation to cover the costs involved with your injuries.

The Physical and Emotional Trauma of a Dog Bite Attack

Serious dog attacks are not uncommon in the U.S. According to the Centers for Disease Control and Prevention (CDC), nearly 5 million people are injured by dogs every year. About 50% of injured victims are children. Approximately 885,000 people suffer dog bite injuries so severe that they require medical treatment, and almost 400,000 victims are treated in emergency rooms. On average, 27,000 people annually undergo reconstructive surgery as a result of their injuries. Each year, about 16 victims lose their lives to dog attacks. Those who face the highest risk for dog attacks include children between the ages of 5 and 9, the elderly, and mail carriers.

While some dog bites result in small punctures, bruises and scratches that only require minor first-aid treatment, others can cause significant injuries that result in long-term damage. According to the CDC, victims most commonly suffer injuries to the arms, hands, legs, feet, head or neck.

Common dog bite injuries sustained include:

Take Action After a Dog Bite Attack

By law, dog owners and other parties in Illinois can be held liable when dogs attack. Under the Illinois Animal Control Act,

owners are legally responsible for injuries sustained due to a dog attack when negligence can be shown as the cause and:

If you’ve been attacked by a dog, there are a number of things you can do to improve your chances of a successful personal injury claim. When possible, and without putting yourself at risk for additional injuries:

Seek medical attention as soon as possible. A doctor should provide a thorough evaluation of the damages you’ve sustained and treat them accordingly. By obtaining immediate medical care you will have documentation to prove the extent of your injuries in court if necessary.
Report the attack to police right away. A copy of the police report can serve as valuable evidence in your case.
Get contact information. If possible, obtain contact information for any witnesses who might have seen the dog attack as well as for the dog’s owner or keeper.
Take pictures. Provide photographs of the injuries you sustained as a result of the encounter.
Keep track of evidence. Save any clothing or personal items/property that was damaged during the attack.
Avoid communication with the owner and the insurance company. Chances are that dog owners and insurance companies will try to settle your personal injury claim out of court and likely for far less than you are entitled to receive. By accepting any type of compensation for your injuries or agreeing to an insurance settlement, you could unintentionally waive your right to sue for additional damages.

If you are the victim of a dog bite, contact a personal injury attorney at Herbert Law Firm right away at 312-655-7660 for a free consultation and to discuss your legal options.

Explosion, Fire and Burn Accidents

Chicago’s Explosion, Fire & Burn Accident Attorneys Hold Negligent Parties Accountable

Fires, sudden explosions and severe burns can result in catastrophic injuries that can change the course of your life and the lives of your loved ones. These incidents often leave permanent scarring, disfigurement, and disability in their wake. Many victims find themselves overwhelmed by ongoing medical treatment and expenses, unable to work to support their families, and enslaved by countless financial burdens that make recovery difficult. At Herbert Law Firm, our injury lawyers provide legal advice and representation to help victims obtain the compensation they are entitled to receive and hold responsible parties liable.

Our Injury Lawyers Uncover Every Stone to Determine Liability

Explosion and fire accidents are often accompanied by complex situations in which more than one party can be held liable. Property owners and managers, product manufacturers and distributors, utility companies, contractors and service providers, and other entities may be liable for failing to comply with safety standards, not maintaining safe conditions, or other acts of negligence. Our injury lawyers perform thorough investigations of fire and explosion accidents that result in serious burns, significant injuries and death. We evaluate all of the evidence to identify every party who may be held liable. Our determination to uncover every stone helps to ensure that you receive maximum compensation for the damages you’ve incurred.

Fire, Explosion and Burn Victims Are Entitled to Compensation

Explosions and fires can strike almost anywhere, including residential properties, businesses, worksites, automobiles and even the outdoors. They can be caused by defective products, chemicals, faulty wiring, flammable gases and more. Fire and explosion incidents often lead to painful burn injuries, amputations, respiratory problems and sometimes death. According to the U.S. Fire Administration, there were 3,400 fire-related deaths in 2017 alone. Adults age 65 and older are 2.6 times more likely to die in a fire than any other age groups.

Serious explosion and fire accidents are not always fatal. Burns and other injuries caused by explosion and fire accidents are generally extremely painful, incredibly difficult and expensive to treat, and often cause lasting physical and emotional trauma. Unfortunately, many victims suffer through months and even years of medical treatment, reconstructive surgeries and rehabilitation only to be left with life-long disabilities.

While no amount of money can take away the damages that you and your family members have suffered due to your accident, our injury lawyers can help you obtain monetary compensation to help relieve some of the financial burdens you face. You may be entitled to compensation for:

Pain and suffering
Emotional trauma
Lost past and future wages
Medical expenses
Reimbursement for special equipment in your home
Punitive damages

Call our accident attorneys today at 312-655-7660 for a free consultation, or contact us online to learn more about your legal options.

FELA Accident

THE FEDERAL EMPLOYERS’ LIABILITY ACT (FELA) - Law provided for Railroad workers and their families

Our attorneys are dedicated to protecting the rights of injured railroad employees and their families. We have assisted railroad families with issues unique to the railroad industry, such as Railroad Retirement, insurance, OSHA, and representation under the FELA for injuries caused by the negligence of their employers. Our attorneys have extensive experience in resolving problems for rail employees in all capacities. We are committed to providing exceptional legal representation to rail labor organizations and we work hard to obtain substantial monetary awards and verdicts for them.

The information provided herein is not legal advice and is not intended to inform you on how the Law may be applied to any particular injury or case. It is intended to inform you, very briefly, about the origin of your rights and how you may enforce those rights for your own protection when injury or death occurs to a railroad employee while on the job. You can get free legal advice about your particular situation by calling us at (312) 655-7660.

Recognizing the extensive hazards involved with working in the rail industry, the United States Congress enacted the FELA in the early 1900s. This unique law was enacted to provide monetary damages to railroad workers who suffered injury or death due to the negligent or unlawful acts of the railroad which employed them, and thereby creates a monetary incentive for the railroad to provide its employees with a reasonably safe place in which to work. The FELA has been recognized and enhanced through rulings and interpretations of the United States Supreme Court and the lower courts, both state and federal, throughout the country.

The FELA is important to all railroad industry employees and their families because it provides the basis for their sole remedy for injury or death caused, in whole or in part, by the negligent or unlawful acts of their employer. Railroad employees are not covered by the various workers’ compensation laws, so it is in the best interest of railroad employees to understand the FELA and how they may best secure the benefits afforded them under the Law. Because it is unrealistic to expect you to become an expert in the Law, the U.S. Supreme Court long ago approved the practice of rail labor unions designating and approving attorneys who concentrate their practice in this area of law, and of informing their membership of the need for the assistance of such attorneys.

You may call your union representative for information about union approved legal counsel or you may call us directly. As legal counsel approved by your union, we have agreed to provide you advice free of charge. We hope you will never suffer from an injury while working for the railroad, but if you do, you can rest assured that your union has appointed legal counsel who are trained and qualified.

You may recover damages under the FELA even if your own negligence is proven to have contributed to the cause of your injury. However, the railroad may be entitled to a set off of damages caused by your proportion of the fault. In some cases, your contributory negligence may not cause any reduction in damages e.g. when the carrier is found to have violated certain safety statutes such as the Locomotive Inspection Act or the Safety Appliance Act. It is the carrier’s responsibility to provide a safe place in which to work, safe instrumentalities with which to do the work, safe methods of operations, to refrain from negligent actions or negligent failures to take action which cause you injury, and to comply with various safety statutes and rules.

The FELA was enacted for your benefit and although its purpose is to protect railroad workers, you must act in accordance with your own best interests and common sense in order to secure the benefits that the Law was intended to provide you. When you become injured on the railroad, the claim agents, the officials, and the lawyers the railroad hired in anticipation of injuries caused through its fault are your adversaries and will do all in their power to protect the carrier’s interests and prevent you from receiving the compensation you are entitled to recover under the FELA.

Do not place yourself in the hands of your adversaries. Call (312) 655-7660 for free legal advice.

Premises Liability

Premises Liability Attorneys Serving Illinois Accident Victims

If you’ve been injured while on someone else’s property, Illinois premises liability laws provide you with legal options to hold negligent parties liable and help you collect monetary compensation for the damages you’ve sustained. Whether you suffered a slip and fall accident, or have been injured as a result of poor maintenance, inadequate security or other dangerous property conditions, an injury lawyer at Herbert Law Firm can help you obtain compensation for medical bills, lost wages, pain and suffering, and out of pocket expenses.

Our Injury Lawyers Can Help You Get Full and Fair Recovery for Your Injuries

Insurance companies and property owners often attempt to deny responsibility or settle premises liability cases for far less than they are worth. Additionally, Illinois laws place the burden of establishing proof that negligence was the cause of the accident.

To maximize your recovery, our injury lawyers will investigate every aspect of your claim, gather the evidence, and prepare your case for litigation. We gather medical bills and records, incident reports, photographs of the scene, statements from witnesses, and other relevant documentation to ensure that the evidence for your personal injury claim is presented in its entirety. Our meticulous preparation also helps uncover all responsible parties in your case so that each entity responsible for your injuries is held accountable.

Cases that Fall Under Premises Liability Law

Our injury attorneys represent clients who have been injured in all types of premises liability accidents. Dangerous property conditions can occur under a variety of circumstances, but some of the most common cases include:

Slip and Fall Accidents. The National Floor Safety Institute (NFSI) reports that more than 8 million hospital emergency room visits in the United States every year are attributed to slip and fall accidents. These types of incidents are the number one cause of accidental injury in the U.S. Most falls happen from ground level and are caused by slippery surfaces, cluttered or debris-filled walkways, inadequate lighting and poor maintenance.
Defects and Disrepair. Poorly maintained sidewalks, dangerous stairways, worn or damaged furnishings, malfunctioning equipment, and missing safety devices like handrails are responsible for a large number of premises liability lawsuits.
Inadequate Security. When criminal acts cause harm to victims, property owners and managers can sometimes be held liable. By failing to provide adequately trained security personnel, ample lighting, or functional security hardware like locks, for example, a property owner can be held liable for negligent security if a crime results in injuries.
Dog Bites/Animal Attacks. If a dog or other animal bites or attacks a victim, the property owner can often be held liable for injuries. Since owners are obligated to ensure that their property is free from hazards, including dangerous animals, premises liability law may apply.

To learn more about your legal options and how a premises liability attorney can help protect your rights, contact us today at 312-655-7660. Your consultation is free, and we won’t collect a fee for our services until we recover compensation for your case.

Slip and Fall Injuries

Illinois Slip and Fall Lawyers Help Victims Get Back on their Feet

Slip and fall accidents are a leading cause of unintentional injuries in the United States. In fact, about 8 million victims are treated in hospital emergency rooms every year for injuries related to slips, trips or falls. In many cases, slip and fall accidents result in serious injuries, permanent disabilities, or even death. Although the risk for slips, trips and falls can be significantly reduced by taking the necessary precautions, many property owners and managers fail to take action. If someone else’s negligence has caused you to suffer injuries due to a slip or fall, you may be entitled to receive compensation from the responsible party.

Proving Negligence in Slip and Fall Accidents

In Illinois, property owners, managers and certain other entities are obligated to take reasonable steps to maintain a safe, hazard-free environment. Unfortunately, when an accident occurs it is up to the victim and his or her personal injury attorney to prove that the defendant owner was negligent.

Not sure if you have a slip and fall injury case? Our slip and fall lawyers will start by determining two important questions:

1) What caused the fall that led to the injury?

2) How long had the hazard been there?

These answers will go a long way toward telling us if you have a slip and fall case and exactly what needs to be done next.

There are four elements that are essential to obtain a successful verdict in a slip and fall accident case. It must be established that:

The defendant owed you a duty of care. A thorough evaluation of the case can help determine which parties were responsible for maintaining the property and addressing any hazardous conditions that were present, within reasonable means.
A dangerous condition existed. Would a reasonable person have identified the condition as being dangerous? Did the defendant have the opportunity to remedy the situation before the accident happened? For example, by leaving hazardous debris in a walkway for an extended period of time, it was reasonably foreseeable that a person might trip and fall, which could result in injuries.
The defendant had knowledge of the dangerous condition, or should have known about it. If the defendant failed to complete the typical industry practices regarding inspections, maintenance and repairs, it can often be proven that improper premises management resulted in the dangerous conditions that caused your injuries.
The hazardous condition caused injuries or death. The injury victims must have suffered verifiable damages due to the dangerous condition.

Experienced Slip and Fall Attorneys in Chicago

If you’ve been injured in a slip or fall, our Chicago attorneys have the experience and resources to help you make your case. Adept at proving property owners liable, we act quickly, immediately investigating your case and securing evidence and witnesses before they become unavailable. Contact us today at 312-655-7660 for a free case evaluation.

Trucking Accidents

Chicago Truck Accident Attorney Helps Victims Navigate the Legal System

Our injury attorneys can help you navigate the legal issues that arise in a personal injury case following an accident with a semi-truck or other heavy duty vehicle. While negligence will generally be the claim for this type of accident, federal and state regulations sometimes bring other claims into play as well. Semi-truck operators follow numerous federal and state regulations and are required to carry insurance with higher limits than standard vehicles. Additionally, parties other than semi-truck drivers may share financial responsibility for your injuries. This is where our experience matters.

We work quickly to preserve evidence and reconstruct the accident scene to establish exactly what happened. Our team will conduct a thorough inspection of the heavy-duty vehicle, the maintenance records, black box information and driver logs. We leave no stone unturned to ensure that every responsible party is held liable for your injuries.

We Deal with Insurance Companies So You Don’t Have To

Trucking companies, their attorneys and insurance representatives are quick to respond when an accident is reported, often arriving immediately after an accident has occurred They will use any means to discredit your claim or persuade you not to file one. It is always your right, and in your best interest, to avoid direct communication with the entities that represent the other driver. Our semi-truck accident lawyers are on your side, and we will handle the necessary negotiations to ensure you obtain a settlement or verdict in your favor.

Trucking Companies Can Often Be Held Liable for Chicago Truck Accidents

To keep with federal compliance, truckers, like all motorists, are obligated to operate their trucks in a careful and safe manner. Trucking companies must comply with the Federal Motor Carrier Safety Standards in every aspect of their operations.
Truck drivers must have a commercial driver’s license, or CDL, to drive a tractor trailer. If a trucking company or truck driver fails to comply with their obligations, they could be liable in a personal injury or wrongful death case.
Trucking companies carry comprehensive insurance policies because their vehicles are often involved in severe accidents that cause serious injuries and fatalities due to the massive size of their trucks.
In cases involving heavy trucks, unsafe equipment is a common issue.
An action may include a vicarious liability claim against a carrier-lessee of a leased vehicle.

Quick Action Required to File Trucking Accident Claims in Chicago

If you or a loved one has been injured due to a truck driver’s negligence, time is not on your side. There are strict limitations on the amount of time you have to file a claim after a trucking accident in Illinois. Failure to act before these deadlines can result in you being responsible for your medical bills, lost wages and other expenses resulting from your accident with a truck – even if the accident was not your fault. It’s important to contact an experienced injury attorney immediately.

Schedule a free consultation with a trucking accident attorney at 312-655-7660 or fill out our free case review form today.

Uber Accidents

Rideshare services provided by corporations like Uber and Lyft have virtually transformed the transportation industry in recent years. There are now tens of thousands of Uber drivers operating within the Chicagoland area, and each year millions of Chicagoans use rideshare services as a cheaper and more convenient alternative to traditional taxis. These services, which are usually accessed through a mobile app, match passengers with drivers of vehicles for hire. Unlike traditional taxis, rideshare vehicles offer cheaper rates and cannot legally be hailed from the street.

But for as many conveniences as rideshare services offer, they can also cause complications. Rideshare vehicles are just as susceptible to traffic accidents as any other vehicle on the road. However, it’s important to understand why car accidents involving rideshares are different from other Chicago car accidents. These types of accidents can be difficult to resolve. Due to the complex nature of the insurance policies carried by companies like Lyft and Uber, victims of rideshare accidents often find themselves struggling with complicated paperwork before receiving lowball settlement offers that are rarely capable of covering hospital bills and lost wages.

Why Illinois Rideshare Accident Cases Are Complicated

Rideshare accidents generally involve at least three different insurance companies:

In the event that you weren’t a rideshare passenger and were driving your own vehicle during the accident, then your insurer would also be involved. With so many insurance policies in place, rideshare accidents can easily get confusing, increasing the likelihood of an unfavorable settlement. While insurance companies may be willing to negotiate with accident victims, they will typically always offer lowball settlement amounts or convince you to settle for a lump sum before you understand the full extent of your medical bills or other damages. Ultimately, all of these insurance companies share one common goal: to save money by paying the lowest amount possible for personal injury cases.

Types of Personal Injury Cases Against Ride-Share Corporations

Examples of personal injury cases against ride-share companies like Uber and Lyft include, but are not limited to:

Ride-share passengers who are injured or killed in accidents caused by the negligence of ride-share drivers and other motorists
Uber or Lyft passengers who are injured when then enter or exit the rode-share vehicle
The distracted driving of a ride-share driver that results in an injury-causing car accident
Pedestrians, bicyclists, and motorcyclists who are injured or killed in collisions with ride-share drivers
Ride-share drivers who are injured or killed in collisions caused by the negligence of other drivers

Damages Available in Chicago Rideshare Accident Claims and Lawsuits

If you’re injured in a car accident involving a ride-share vehicle in Chicago, the types of damages you could recover are similar to any other type of car accident. After proving causation, victims in ride-share accidents are entitled to seek compensation for damages such as:

Medical bills
Property damage
Pain and suffering
Disfigurement
Emotional distress
Lost wages
Wrongful death

The Importance of Having an Experienced Legal Team Help with Your Illinois Rideshare Accident Case

It can be difficult to move forward with your claim unless you have experienced legal representation. The attorneys at Herbert Law Firm are committed to holding ride-share companies accountable when their drivers are responsible for injury-causing accidents involving passengers or other motorists. The Uber and Lyft accident attorneys at the Herbert Law Firm provide aggressive and experienced legal representation for passengers and other motorists injured in collisions with ride-share vehicles. Our rideshare attorneys have extensive experience negotiating with insurance companies for settlements involving rideshare accidents, which helps maximize the value of your case. We can also negotiate reduced medical liens with your personal insurance company to ensure you get full compensation for your case.

For more information as well as a free, no-obligation case review and consultation, contact the experienced attorneys at Herbert Law Firm.

Wrongful Death

Chicago Wrongful Death Attorneys Help Families Recover

Our personal injury lawyers in Chicago help family members of deceased victims recover financial compensation in wrongful death claims. Whether your loved one lost his or her life in the line of duty, as a result of a catastrophic accident, or due to the negligent or intentional behavior of someone else, our attorneys will be by your side throughout the entire wrongful death claims process to ensure that the responsible parties are held liable for your loss.

While no amount of money can take away the grief, pain and paralyzing sense of loss that accompanies the unexpected loss of a loved one, monetary compensation can help provide relief from medical bills, lost future wages and benefits, funeral expenses and other death-related costs. In some cases, our wrongful death attorneys may be able to recover compensation for additional damages like loss of companionship and consortium, pain and suffering, anguish and grief and even punitive damages.

Filing a Wrongful Death Lawsuit in Illinois

Wrongful death lawsuits or claims are generally filed by spouses and next of kin of the decedent. While Illinois does not require surviving family members to pursue damages in wrongful death claims on behalf of the deceased’s estate, these lawsuits are often filed in conjunction with survival claims to recover damages suffered by the decedent prior to death.

The Illinois Wrongful Death Act states:

“Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. No action may be brought under this Act if the decedent had brought a cause of action with respect to the same underlying incident or occurrence which was settled or on which judgment was rendered.”

You May Be Able to Collect Both Economic and Noneconomic Damages

Surviving family members may be able to obtain compensation for a variety of types of damages.

Loss of Consortium: Loss of consortium is the loss of a familial relationship due to injury, or in this case, wrongful death. In Illinois, both husband and wife may recover compensation for loss of consortium. A loss of consortium action must be joined with the principal action - in this instance, the wrongful death claim.
Economic Damages: Economic damages are monetary costs like loss of financial support, medical expenses, and funeral expenses.
Noneconomic Damages: These include the loss of love, care, comfort, supervision, guidance, household assistance and general society.
Personal Grief and Anguish: Surviving family members may also be compensated for their own personal grief and suffering.

The wrongful death attorneys at Herbert Law Firm will carefully evaluate every aspect of the incident that caused your loved one’s death to ensure that all responsible parties are held liable and that you receive appropriate compensation for your loss.

If someone else was responsible for the death of your loved one, call our personal injury lawyers today at 312-655-7660 to learn more about your legal options.

Request a free Legal Consultation

Frequently Asked Questions

Our law firm understands that those injured have unique losses and concerns. These can range from work restrictions, lost overtime and off-duty assignments, fitness-for-duty and safety concerns, injury aggravation from ordinary work duties, permanent injury, and loss of seniority, retirement, and other benefits. Below are common FAQ’s you may have in relation to personal injuries, car accidents and disciplinary hearings.