Author: Jennifer Gulbrandsen

This article is for informational purposes only, and does not constitute legal advice. 

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action that can be filed by the family members of a person who has been killed due to the negligence or misconduct of another party. A wrongful death claim allows families to recover compensation for their loss, including:

• Medical expenses and burial costs
• Loss of income due to the deceased’s death
• Pain and suffering endured by surviving family members

Who Can File a Wrongful Death Lawsuit?

If you are the personal representative of your loved one’s estate, then you have the right to file a wrongful death lawsuit. A personal representative is someone who has been appointed by the court to handle all of the affairs of an estate when there is no will or trust in place. This person usually takes on this responsibility because he or she was named as such in their loved one’s last will and testament, but sometimes it happens if there was no formal document stating what should happen with their assets after they die (for example, if they died without leaving behind any heirs). In this case, whoever was responsible for filing paperwork with government agencies like Social Security would be considered a personal representative as well; however, it’s important to note that not every state allows non-family members such as friends or acquaintances from serving in this role so check local laws before proceeding further down this path!

The Benefits of Having an Attorney Represent You in a Wrongful Death Lawsuit

The benefits of having an attorney represent you in a wrongful death lawsuit are many. First, it’s important to note that these cases can be extremely complicated and difficult to navigate on your own. Your attorney will have experience with the legal process, which means they can help guide you through it as well as explain any steps along the way that may seem unclear or confusing. Additionally, having an experienced lawyer by your side gives you an advantage over other parties involved in the case because they will know what evidence needs to be presented in order for their claim to succeed – something that might not come up during initial meetings with other parties’ lawyers/representatives (or even yours).

Finally, having someone who knows how best handle all aspects of litigation means that they’ll be able to ensure everything goes smoothly from start until finish – including court appearances if necessary!

Types of Damages in a Wrongful Death Lawsuit

In a wrongful death lawsuit, the plaintiff can recover damages for loss of companionship and financial support. These are called compensatory damages. They include:

• Funeral expenses
• Medical bills related to the accident or illness that caused death (if those bills were paid by insurance)
• Loss of income from work or other activities that would have been performed by the deceased person if he/she had not died. This includes money lost during any period when you were unable to work because of grief or mental anguish resulting from your loved one’s death.

There are other types of damages available in a wrongful death case as well; these include punitive damages and statutory damages (see below).

Preparing for a Wrongful Death Lawsuit

If you have lost a loved one due to the negligence or recklessness of another party, it is important to understand what steps you should take in order for your case to be successful.

A wrongful death lawsuit is a civil action brought against someone who has caused the death of another person through their actions or inaction. The goal of these lawsuits is not only compensation for medical bills and funeral costs, but also to punish those responsible for causing the harm in question. This can help prevent similar tragedies from occurring again in the future by deterring others from engaging in similar behavior.

The first thing that any potential plaintiff needs before filing suit is evidence: photos showing how close together two cars were when they collided; videos taken by bystanders showing how quickly one driver was driving before hitting another vehicle; police reports detailing what happened when an officer arrived at scene after hearing about an accident on his radio scanner (and so forth). This kind of information will help attorneys determine whether there’s enough evidence against defendants’ legal defenses such as contributory negligence (when both parties share responsibility) or comparative negligence (when one party bears more responsibility than another).

How to Choose an Attorney for a Wrongful Death Lawsuit

Choosing a lawyer for your wrongful death case is an important decision. There are several things you can do to make sure you choose the right attorney for your needs and circumstances:

Researching attorneys is key when choosing an attorney for a wrongful death lawsuit, as it will give you insight into their experience and reputation. You should look at their websites and social media accounts to see what kind of work they have done in the past, as well as how much experience they have with cases similar to yours. It’s also helpful if they have been featured in any newspapers or magazines that cover legal issues, because this shows that there is public interest in what they do!

Scheduling consultations with potential attorneys will allow both parties (the client and attorney) time together so that each party knows exactly what type of service will be provided by one another before signing any contracts/agreements. Interviewing attorneys before hiring them helps ensure both sides know exactly what kind of services will be provided by one another after signing contracts/agreements.

Common Mistakes to Avoid in a Wrongful Death Lawsuit

There are a number of common mistakes that people make when trying to file a wrongful death lawsuit. The most important thing to remember is that you should hire an experienced attorney who can help you navigate the legal system and ensure your case has the best chance of success.

Here are some other things you should avoid:

Failing to gather evidence in a timely manner. If someone else’s negligence caused your loved one’s death, they may try to argue that they were not at fault because there wasn’t enough time between the incident and their death for them to file suit against them (this is called ‘statute of limitations’). Make sure that all relevant evidence is gathered as soon as possible after becoming aware of what happened–this includes photos or video footage from witnesses; medical records showing injuries sustained during an accident; police reports filed by officers who responded at accident scenes; written statements made by witnesses who saw what happened before or after accidents occurred…the list goes on!

The Cost of a Wrongful Death Lawsuit

The cost of a wrongful death lawsuit can vary greatly, depending on the circumstances surrounding your case. Attorney fees and court costs are typically the largest expenses that you will incur during litigation, but there may also be other associated expenses such as medical records, expert witness testimony and depositions.

The amount of money awarded for damages in a wrongful death lawsuit depends on several factors including:

• The nature of the negligence or wrongdoing (was it reckless? intentional?)
• The age of your loved one at time of death; if they were young children or elderly adults who had lived full lives already, then their loss will be felt more acutely than someone who had not yet reached middle age when they died.

The Outcome of a Wrongful Death Lawsuit

The outcome of a wrongful death lawsuit is dependent on the facts of your case and the law in your state. The most common result is a settlement, where both parties agree to resolve their dispute without going to trial. If you do not reach an agreement with the defendant before trial, then your case will go before a jury who will decide whether or not they believe that you have proven all elements necessary for recovery under your claim. If they do find in favor of you, they can award damages based on those findings.

If there is no settlement and instead judgment is entered against the defendant(s), this means that there was no dispute between them over liability (i.e., whether or not there was negligence) but rather only over how much compensation should be paid out by each party involved in causing harm or loss due to negligence (or other wrongful conduct).

Conclusion

If you or a loved one has been injured in an accident, it’s important to know your rights. If you’ve lost someone to wrongful death, it’s even more critical that you understand how the process works and what steps need to be taken.

If you’re looking for more information on wrongful death lawsuits and how they work, please contact The Law Offices of Parente and Norem today at 312.641.5926, or fill out the contact form here on our website. We’re here 24/7!

The Law Offices of Parente & Norem, P.C. is proud to congratulate Christopher M. Norem, Dennis M. Lynch, and Joseph D. Parente for achieving the highest settlement in the $11M category as published in the December 2022 edition of Jury Verdict Reporter. Way to go, team! 

$6,000,000 settlement for carpenter after offer is increased by $2,000,000 

following opening statements

A Cook County construction negligence case has settled for $6,000,000 mid-trial.

Joshua Rominski was a Local 13 Union Carpenter when he was injured on the job on February 9, 2016.  Rominski was working for Service Drywall and Decorating doing rough carpentry during construction of an addition to the Mather Place retirement home in Wilmette, Illinois.  W.E. O’Neill was the general contractor for the project.  

As part of the project, a temporary scaffold staircase was constructed to allow each worker to access the site.  Rominski alleged that on the morning of February 9, 2016, after using the stairs several times, he slipped on snow and ice and fell down several steps, injuring his back.  Weather reports showed there was minimal snow that morning – .04 of an inch – and Rominski’s foreman and coworkers could not recall there being snow or ice on the stairs.  Accident reports filled out later that day indicated there was ice and snow.  

Plaintiff claimed that any ice or snow on the stairs violated OSHA’s scaffolding rules.  They further claimed that W.E. O’Neill was short staffed on the day of the accident – its site safety supervisor has left W.E. O’Neill and had not been replaced, the labor foreman was sent to another jobsite that day, and the project manager did not come to work until later in the day.   One W.E. O’Neil laborer testified that he would have gotten to work early and cleared any snow and ice from the stairs before any subcontractors started working. 

As a result of his fall, Rominski had an L5-S1 fusion and was unable to return to work as a union carpenter.  However, W.E. O’Neil claimed Rominski was able to work at the medium demand level, which was all that Service Drywall’s job description required.  Rominski’s father and grandfather were union carpenters, and his inability to return to that job had a profound impact on him.    

The case was twice mediated before Judge William Gomolinski of ADR Systems.  Prior to opening statements, W.E. O’Neill offered $4,000,000.  After opening statements, W.E. O’Neil offered $6,000,000, which was accepted by Rominski.  Additionally, Service Drywall agreed to reduce its workers’ compensation lien by half.  Judge Israel Desierto presided over the trial.

Rominski was represented by Matthew Coleman, Dennis Lynch and Taylor Matichak of Parente & Norem.  

Attorney Matt Coleman also represented Rominski in his workers’ compensation case.  In that case, the Workers’ Compensation Commission Arbitrator denied the claim – finding that Rominski only suffered a back strain and could return to work.  The Workers’ Compensation Commission reversed the arbitrator and awarded benefits.  This decision was recently affirmed by the Appellate Court.  Service Drywall and Decorating v. Illinois Workers’ Compensation Commission, 2022 IL App (1st) 210965WC-U (4/22/22).  As a result of the Arbitrator’s ruling denying the claim, Rominski went without pay or medical benefits for over 5 years.  

W.E. O’Neil was represented by Katherine Crouch and Howard Trafman of Lindsey, Picket and Postel.

Service Drywall and Decorating was represented by Brad Smith of Keefe, Campbell, Biery.  

When you’ve been injured, a lot of times it can be difficult to determine whether or not you need a personal injury attorney. In the moment, you could have complete trust in the insurance companies to act in your best interests. Maybe you don’t think your injuries or losses are enough to have a long term impact on you and your loved ones’ lives. Here at the Law Offices of Parente & Norem, P.C. our experienced trial attorneys are here to fight for your rights and get you the care and compensation you deserve. Here are five reasons why you need a personal injury attorney after you’ve been injured. 

The Insurance Companies Are Not Working In Your Best Interests

It’s always best to remember that while insurance companies have to operate within certain laws and guidelines; at the end of the day they are a business that isn’t concerned with you as an individual more than they are concerned with their bottom line. They also have teams of attorneys in their corner managing negotiating the lowest settlement possible for a claim. It simply isn’t a fair fight if you go it alone. You deserve to have a competent trial attorney in your corner who will not only level the playing field, but also work tirelessly for your rights. 

The Damages You’ve Sustained May Be More Serious Than You Think

When an injury occurs, no one has a crystal ball to see into the future of how that injury will impact your life for years to come. While you may feel fine today, issues can pop up at any time down the road, and you should receive appropriate care and compensation to treat your injuries. There are laws that protect victims of another’s negligence to receive compensation for intangible damages, such as pain and suffering, and loss of consortium. The personal injury attorneys at Parente & Norem can best assess these damages and work to get you the best relief possible. 

Our Biggest Priority Is Your Recovery

The Law Offices of Parente & Norem will be there to guide you through the recovery process from the moment you seek medical attention for your injury through negotiations with the at-fault parties to get you fair compensation. If the offer isn’t favorable to our client, we take the case to trial. That’s what we mean when we say experience, dedication, and proven results. 

Sometimes Liability Is Unclear

There are times when an incident with injuries occurs, and who is at fault or negligent can seem ambiguous. If liability is unclear, you will need someone willing to compile a substantial amount of evidence to prove your innocence and that the other party was negligent. In the case of a car accident, for example, police records, photos of the accident, the official accident report, medical records, and eyewitness testimony are all pieces of evidence you must collect, organize, and use to make your case. This is why having an experienced personal injury attorney in your corner is so vital when it comes to seeking justice. 

Hiring a Personal Injury Attorney Saves You Time

Your life after being injured should be solely focused on recovery. It takes hours upon hours to collect things like medical records, police reports, accident/incident reports, interviewing experts, and dealing with insurance adjusters. Let the professionals handle this process so you can focus on recovering and returning to the life you had before getting injured. 

As you have read, there are several reasons to hire a personal injury attorney.  Between insurance negotiation, knowing how to look out for injuries, and having a deep understanding of the law, a personal injury lawyer is much better equipped to earn you your due care and compensation. Call or text Parente & Norem today at 312.641.5926 for a free case evaluation. At The Law Offices of Parente & Norem, P.C. your path to justice begins with us. 

This article is strictly informational and should not be considered legal advice.

Memorial Day kicks off the summer travel season. This year’s volume on the roads is expected to be especially high as COVID-19 restrictions are rolled back and people are anxious to get out and see the world again after two years of staying close to home. 

According to the NHTSA, over 9,000 fatal motor crashes occurred between the months of June through August in 2019. While not every motor vehicle accident is preventable, there are some things you can do to lessen the chances of an unfortunate incident occurring. Here are five summer travel safety tips to get you safely to your destination this summer. 

Buckle Up

Buckle Up. Every Trip. Every Time. Be sure every passenger is restrained in their seat in an age appropriate manner. Children under thirteen should not ride in the front seat. Be sure to have all car seats, boosters, and other devices properly installed and secured. Never leave children unattended in the vehicle, and when the vehicle is not in use be sure to keep the doors locked and keys out of reach of children so they aren’t tempted to play inside the car. 

Stay Alert and Avoid Risky Behaviors

Be sure that all licensed drivers are well rested and ready to drive. Leave plenty of time for stops so you can stretch, walk around, eat, and answer emails, calls, and texts. Do not text and drive or drive distracted. It is always illegal to drive impaired on any substances whether they are legal or not. Always pull over if you are not feeling alert and up to driving. 

Make Sure Your Vehicle is Up to Date On All Services

Before hitting the road, be sure your vehicle is up to date on all services including oil changes and emissions. Check for any recalls your vehicle may have, and have those addressed as well. Always drive with the gas tank close to full whenever possible, and check the condition of your tires and tire pressure often. 

Complete a Vehicle Safety Checklist Before You Leave

Make sure the following items are running well before you take off on your trip:

• Battery
• Lights (Including brake lights and turn signals)
• Cooling System
• Oil Levels
• Belts and Hoses
• Wiper Blades
• Air Conditioning
• Floor Mats (these can bunch up under the gas and brake pedal if not installed properly)

Communicate Your Route And ETA With At Least Two People

Phone service and wifi isn’t consistently available in rural areas, so be sure to let at least two people know what route you are taking, how long you plan to take on your drive, and check in with them each time you stop to give any updates or changes to your plans. That way if something goes wrong, they will have an idea of where you might be and how long it’s been since they last spoke to you. 

We at the Law Offices of Parente & Norem, P.C. hope all of you have a safe and happy summer travel season. Be sure to save our number, 312.641.5926 into your phone should you need our services at any time. 

What does it mean when you choose a law firm with Experience, Dedication, and Proven Results? Partner Chris Norem explains why this sets The Law Offices of Parente & Norem, P.C. apart from the rest.

Experience. Dedication. Proven Results. 

That’s what you can expect from The Law Offices of Parente & Norem, P.C. 

Broker and Shipper liability is a highly specialized and often missed area of commercial trucking liability cases. The reason this area of the law is so important is because many people believe the liability in commercial trucking accidents ends with the insurance maximums of the carrier. Here at Parente & Norem, P.C. we can analyze your case to see if Broker and Shipper liability exists, thereby increasing the amount of insurance to pursue. It can be complicated for the layperson to understand. In this article, we will break down the basics.

Carriers, also commonly known as the drivers of commercial trucks, are typically independently owned and operated by individuals who contract out their services to brokers and shippers to get their goods from point A to point B. Carriers carry insurance, but that insurance policy usually has a maximum benefit payout. This is why it is imperative to investigate if other factors could have been involved. 

Brokers are the companies who hire the drivers or carriers. By law, they are legally responsible for driver negligence based on the control they retain and exercise over the driver. While drivers are often listed as independently owned and operated, oftentimes, brokers control the drivers from beginning to end. They can be held legally responsible for hiring bad or incompetent drivers. Parente & Norem, P.C. will review your case to see if the brokers had control of the truck driver (carrier) at the time of the incident, and determine how much liability they hold. 

Shippers are the companies that own the cargo being transported by the carrier. Shippers should be analyzed in your case to determine if they have any liability when it comes to the cargo. Cargo can be loaded improperly by the shipper, the trailer can become overloaded making it unsafe, and the cargo can also fail to be secured to the trailer. The shippers can also be negligent in vetting their carriers for unsafe records. 

At Parente & Norem, P.C. all of these factors will be taken into consideration when we evaluate your commercial trucking case. It’s our experience, dedication, and proven results that have had our clients awarded millions of dollars. We win BIG CASES!  

Mesothelioma is a type of cancer that affects the lining of the lungs, stomach, heart, and sometimes other organs. This is a serious disease that often doesn’t reveal itself until several years after asbestos exposure. If you have been diagnosed with mesothelioma, it is important to have a law firm like Parente & Norem, P.C. on your side. 

Symptoms of mesothelioma appear when the cancer has grown large enough to press against the chest wall and abdominal cavity. These symptoms can include: shortness of breath, chest pain, dry cough, respiratory complications, fever and night sweats, fatigue, muscle weakness, and fluid around the lungs. The most common form of mesothelioma is found in the lungs. Mesothelioma is a very rare incurable condition affecting approximately 20,000 people per year. Once diagnosed, the prognosis is usually poor for these patients with a life expectancy of around twelve months. 

Since symptoms take so long to present themselves, mesothelioma cases can bring certain challenges. Our Chicago Area mesothelioma lawyers at Parente & Norem, P.C. have the experience with these cases and know how to overcome any of the unique barriers these cases can present. Our team will research and dig deep to get you the compensation you deserve to pay for medical treatment and other expenses your illness may incur. If you were exposed by a third party’s negligence, we can represent you to hold them accountable as well. 

Mesothelioma is caused by long and prolonged exposure to asbestos. Asbestos is a naturally occurring mineral, however, once its fireproofing properties were discovered it was widely used in many industries at the start of the Industrial Revolution, and not regulated by the government until the 1970’s. It was also used by every branch of the military. While in its origins, the use of asbestos was in keeping workers safe, however, asbestos continued to be widely used by manufacturers even after it was shown to cause harm. Even today, the use of asbestos is not illegal. Products that once contained large amounts of asbestos included cement, auto brake pads, thermo insulation for homes and offices, and roofing materials just to name a few.

Because Parente & Norem, P.C. is well versed in both Workers Compensation and Personal Injury law, we have two different avenues to explore for your full and fair compensation. When we evaluate your case, our team will determine which path best suits your case. Sometimes it can be both Workers Compensation and Personal Injury. 

Founded in 1996, The Law Offices of Parente & Norem, P.C. has had a history of experience, dedication, and proven results. We have a reputation for securing compensation for those injured through negligence. That’s the level of trusted knowledge on your side when you choose a skilled Chicago Area Mesothelioma Attorney.