Moline’s heavy traffic, active waterways, and industrial worksites throughout Rock Island County mean fatal accidents happen here, and the consequences for families are permanent. Losing a loved one is challenging no matter what. However, when that loss is due to another’s negligence or recklessness, it can be even more devastating. When this happens, the Moline wrongful death lawyers at Winstein, Kavensky & Cunningham help surviving families across Rock Island County understand their rights, document their losses, and pursue the compensation and justice they deserve.
If you are looking for a wrongful death lawyer in Moline, Illinois, our team is here to help. Call (309) 794-1515 to schedule a free consultation with one of our Moline personal injury lawyers.
What Is Wrongful Death?
A wrongful death is a type of personal injury claim that allows family members to seek compensation for the death of a loved one that occurred due to another party’s negligence or carelessness. A claim can be filed whether that party is an individual, a business, or another entity.
Per Illinois law (740 ILCS 180/), surviving families have the right to seek compensation through a civil wrongful death claim. In a wrongful death claim, families can seek civil damages regardless of criminal charges or conviction.
Common Causes of Wrongful Death Claims in Moline, Illinois
If someone dies due to the negligence of another person or company, this may be the basis for a wrongful death claim. Fatal car accident lawyer Moline, Illinois clients most often come to us following collisions on I-74, IL Route 92, and surrounding roads, but wrongful death claims in the QC area arise from many situations, including:
- Car accidents
- Motorcycle accidents involving distracted or reckless drivers
- Semi-truck wrecks
- Drownings and boat accidents on the Mississippi River
- Workplace incidents
- Fatal medical malpractice
- Dangerous or defective products that cause fatal injuries
Whatever the circumstances, it is important to have one of our Moline wrongful death lawyers review the details of your case to determine whether your family has grounds to file a claim.
Illinois Wrongful Death Law: What Moline Families Need to Know
The Illinois Wrongful Death Act, 740 ILCS 180, gives families two years from the date of death to file a claim. Missing the filing deadline almost always means losing the right to recover.
This means family members may still be able to recover damages even if their loved one shared some responsibility for the accident, as long as the loved one’s share of fault was not more than 50 percent. If their share of fault was more than 50 percent, recovery may be barred.
The Illinois Wrongful Death Act also allows courts to consider whether a beneficiary’s own fault should reduce or bar that beneficiary’s share of damages.
Compensation Moline Wrongful Death Lawyers Can Recover
Under Illinois law, families may be entitled to recover:
- Funeral and burial expenses
- Lost financial support the deceased would have provided
- Loss of household services
- Loss of companionship and guidance for surviving spouses and children
- Punitive damages in cases involving reckless or egregious conduct
The amount and type of Illinois wrongful death damages you may receive depends on the circumstances of your case. A wrongful death attorney near Moline, IL, can help your family build a complete and documented claim that covers all losses.
Why You Need Moline Wrongful Death Lawyers on Your Side
Insurance companies move fast after a fatal accident, often contacting surviving families before they understand the full value of their claim. Winstein, Kavensky & Cunningham knows the insurance company tactics used to minimize payouts, and we are prepared to counter them at every stage.
Whether your family is dealing with a wrongful death claim from an Interstate 74 in Moline, Illinois, crash, a fatal accident lawyer Moline, IL families trust can make the difference between a lowball settlement and a full recovery. We investigate fatal accident scenes, subpoena Moline police reports and Rock Island County Courthouse records, and coordinate with medical professionals at facilities like UnityPoint Health Trinity to document every loss. Unlike firms that push quick settlements, we are fully prepared to take your wrongful death case to trial in Rock Island County if that is what your family needs.
FAQs: Illinois Wrongful Death Claims
Who can file a wrongful death claim in Rock Island County?
In Illinois, the personal representative of the deceased’s estate files the claim. Any damages recovered are then distributed to surviving family members. A wrongful death attorney Rock Island County families trust can help navigate this process.
What if my loved one was partially at fault for the accident?
Illinois uses a modified comparative fault system. Under Illinois’s comparative fault wrongful death Illinois 50 percent rules, your family can still recover damages as long as your loved one was not more than 50 percent at fault. Their percentage of fault reduces the total recovery, and an attorney can assess the evidence and walk you through how this applies to your situation.
What is a wrongful death claim worth?
The value of a wrongful death claim in Illinois depends on several factors, including the deceased’s age, earning capacity, and the financial and personal losses suffered by surviving family members. A claim involving a primary breadwinner with dependents will typically yield a higher recovery than one involving different circumstances. The strength of the evidence, the degree of the at-fault party’s negligence, and whether punitive damages apply all affect the final figure. Our experienced attorneys can evaluate the specifics of your case and give your family a realistic picture of what a better-than-average wrongful death settlement may look like for your situation.
Does hiring a wrongful death attorney near Moline, IL cost anything upfront?
No. Winstein, Kavensky & Cunningham handles wrongful death cases on a contingency fee basis, which means you pay nothing unless we win.
Contact Our Moline Wrongful Death Lawyers
Families in the QC area deserve an attorney who will fight for them, not one who pushes a quick settlement to avoid the courtroom. The Illinois wrongful death attorneys at Winstein, Kavensky & Cunningham bring over 120 years of combined legal experience to every case.
You will work directly with your attorney, not a call center, and we are fully prepared to take your case to trial if that is what it takes.
We work on a contingency fee basis, so you pay nothing unless we win.
To speak with a top-rated Moline fatal accident lawyer about your family’s situation, call (309) 794-1515, connect via LiveChat, or fill out a free consultation form on our website.