Understanding the common causes of wrongful death can be crucial if you have lost a loved one in an incident caused by another person or entity in Illinois. Knowing this information can help you determine who may be liable for your loss and better understand the potential value of your case.
What Is Considered Wrongful Death?
A wrongful death is a death caused by the action or inaction of another party. For example, if a driver fails to yield to a pedestrian in a crosswalk, leading to a fatal collision, a wrongful death may have occurred.
According to fatal accident statistics collected by the Centers for Disease Control and Prevention (CDC), unintentional injuries are the third-most common cause of death nationwide, accounting for 222,698 fatalities in a recent year.
5 Most Common Causes of Wrongful Death
Five of the most common causes of wrongful death in Illinois are identified below and may provide a basis for making a legal claim against the negligent actor.
1. Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to act in accordance with the standard of care they owe their patient. Unfortunately, medical malpractice fatality cases are more common than many people realize, with routine medical procedures turning deadly. According to a Johns Hopkins research study, medical mistakes are the third leading cause of death in the United States, reportedly responsible for more than 250,000 deaths per year.
2. Auto Accidents
Motor vehicle accidents are one of the leading wrongful death causes, accounting for over 19 percent of unintentional injury deaths in a recent year, per CDC data.
In a recent case, our firm won a record $79.85 million jury verdict for the family of a 10-year-old girl who tragically lost her life when the vehicle she was a passenger in was struck by a vehicle being pursued by the Chicago Police Department.
3. Defective Products
Defective products, including medications, safety gear, vehicle components, and other consumer products, can cause severe injuries, some of which result in death. When a defective product causes a wrongful death, the resulting lawsuit may be based on strict liability rather than negligence. It involves demonstrating that the defect existed.
4. Workplace Accidents
Some industries have higher rates of fatal workplace incidents than others due to the inherent hazards associated with their operations. For example, according to the Occupational Health and Safety Administration (OSHA), the top four causes of fatal construction accidents are falls, struck-by incidents, caught-in and caught-between incidents, and electrocutions.
5. Truck Accidents and Commercial Vehicle Crashes
Crashes involving trucks and commercial vehicles can cause catastrophic and fatal injuries due to the size and weight of the vehicles involved. Even a relatively minor collision with one of these vehicles can be deadly.
Who Can File a Wrongful Death Lawsuit?
Under the Illinois Wrongful Death Act, only the deceased’s personal representative can file a negligent death lawsuit. However, they do so on behalf of the deceased’s surviving spouse and next of kin.
Contact Our Chicago Wrongful Death Team
If you lost a loved one due to someone else’s negligence, Salvi, Schostok & Pritchard can help you pursue justice and compensation through a wrongful death claim. Our team has recovered more than $3.5 billion, including the highest compensatory verdict ever awarded to an individual plaintiff in Illinois history and 400 verdicts and settlements of $1 million+. We also have a diverse team of over 20 top litigators and more than 35 supporting staff, with the resources and skills to aggressively fight for the rights of our deserving clients.
If you lost a loved one due to someone else’s actions, contact Salvi, Schostok & Pritchard for a free consultation to discuss your case with a compassionate and experienced Chicago wrongful death attorney.
