Wrongful death cases are complex legal matters involving an individual's death due to another party's negligence or misconduct. Despite their importance, several misconceptions surround these cases that can cause confusion and hinder the deceased person's family from seeking justice. Today, we will discuss four common misconceptions regarding wrongful death cases and clarify the truth to help you better understand your rights. If you have questions regarding a wrongful death claim, do not hesitate to contact a personal injury attorney who works in wrongful death cases to help you understand your legal options during this difficult time.

What People Get Wrong About Wrongful Death Cases

Here are four examples of the most common misconceptions, including:

• Wrongful death and murder are the same – Many people mistakenly believe that wrongful death and murder are synonymous. While both involve the death of an individual, they are distinct legal concepts. Wrongful death is a civil lawsuit brought by the deceased person's family against the responsible party to seek monetary compensation for their loss. Murder, on the other hand, is a criminal charge prosecuted by the state.
• Anyone can file a wrongful death claim on behalf of another person – This is incorrect. In Illinois, only a personal representative of the deceased individual is the one who can bring forth a wrongful death claim. If the deceased person left a will behind, whoever the will names as an executor will likely be the personal representative. In cases where the deceased person did not have a will, the court will likely appoint someone. This person is typically nominated by the party with interest.
• Wrongful death claims must be filed immediately after the death – While it is crucial to file a wrongful death claim as soon as possible, there is no need to rush immediately after the death occurs. Illinois's statute of limitations for wrongful death claims is two years. Consult with an attorney to ensure no deadlines are missed.
• Compensation in wrongful death cases is only for funeral expenses – One of the most significant misconceptions surrounding wrongful death cases is that the compensation sought is limited to funeral expenses. In reality, wrongful death cases can be much more expensive. They may include medical bills incurred before the death, loss of the deceased person's income and financial support, loss of companionship, emotional distress, and even punitive damages in cases of egregious misconduct.

Contact a Kane County Wrongful Death Attorney

For competent legal representation, consult with the experienced Aurora, IL wrongful death lawyers with Kinnally Flaherty Krentz Loran Hodge & Masur P.C.. Call 630-907-0909 for a free consultation.

WLS-TV recently reported that a 25-year-old man was walking around a strip mall on Aurora’s West Side when he fell about 15 feet into a hole that was dug for utility work and got stuck. It took 20 different rescue agencies two hours to rescue him.

If you or a loved one were hurt in a contruction accident, you may be able to pursue compensation for your medical bills and other damages. 

Common Kinds of Construction Accidents

Some of the most frequent construction accidents in Illinois tend to include the following:

We often hear about doctors who fail to diagnose and treat their patients in a timely manner. Those with rare or chronic illnesses may sometimes spend years fighting for a diagnosis and getting the treatment they need. Failing to treat a patient who needs treatment can be a form of medical malpractice. On the other hand, so can overtreating health issues or subjecting a patient to treatment they did not need. When applied well, medical science can do incredible things to make sick people well again. However, medical science can also do extreme harm to a person when care is administered negligently. Medications, tests, procedures, and surgeries can all do serious harm if they are not medically indicated. Some patients endure needless treatments for years before learning that their health care is actually making them sicker. If you have been harmed by unnecessary medical treatment, you may be entitled to compensation. 

What Medical Treatments Are Used Unnecessarily? 

Profit-driven hospitals and doctors are often eager to perform as many tests and treatments as they can. This can drive doctors to order all sorts of medical interventions that a patient does not genuinely need. Overtreatment can be just as dangerous as undertreatment, but it is much less discussed. Some types of unnecessary medical interventions people have faced include: 

• Medications - Often, medication will be one of the first things a doctor tries to relieve a patient’s reported symptoms or correct an issue they think they have spotted. However, “FDA approved” does not mean “safe for all humans.” This often happens when doctors fail to perform appropriate tests to determine whether the medication is needed. For example, if a doctor takes a new patient’s blood pressure once and sees that it is high, they may instantly prescribe blood pressure pills without realizing that the reading was a fluke. 

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Road rage has been on the rise since the end of pandemic-related lockdowns. For a long time, essential personnel were the only ones commuting. People were not doing much of anything outside their homes, and everyone got used to there being very little traffic. Then, stay-at-home orders lifted and suddenly, everyone was dealing with traffic like they had not seen in over a year. Since the roads first started to fill back up, road rage car crashes have only gotten worse and more frequent. 

Now that we are right in the middle of summer, road rage levels may be even higher than usual. There is an undeniable link between heat and road rage, and traffic tends to be worse in the summer. If you are injured by a driver with road rage, you may be able to recover compensation. 

The Link Between Heat and Road Rage

The fact that high temperatures contributes to road rage incidents has been known for a very long time. Extreme heat tends to increase how a person responds to annoyances drastically. A minor irritation, like getting cut off in traffic, might be no big deal at all for a driver in pleasant weather. However, in extreme heat, that same driver may end up reacting quite aggressively, such as by trying to swerve around and cut off the other driver in an act of revenge. 

You have probably heard a lot about the dangers of cell phone use while driving. Obviously, if someone is cruising down the highway with one hand on the wheel, one hand holding a cell phone, and two eyes looking at a screen, there is likely to be a car accident. Distracted drivers kill over 3,000 people and injure almost 500,000 each year in the U.S. 

Cell phones are responsible for quite a large percentage of distracted driving accidents. Unfortunately, drivers of brand new vehicles may now have a completely new source of distraction - their own dashboards. Many car companies are now using built-in infotainment systems that are meant to reduce cell phone distraction. The question remains just how distracting these integrated systems may be. 

The Dangers of Integrated Distractions

New cars with integrated infotainment systems can do almost everything a cell phone can do, including helping the driver send a text message, navigate, or connect to the internet. Screens may be integrated into the dashboard so that drivers do not need to pick up their phones. Often, these infotainment systems are meant to be voice-controlled, but voice control is still far from a perfect technology.