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What are the common defenses in a wrongful death case?

 

A: A wrongful death claim can help you recover damages after your loved one's death. If you find yourself in this unfortunate situation, you may be wondering what the common defenses in a wrongful death case are. A Chicago wrongful death lawyer can answer any questions you may have concerning your wrongful death case and prepare you for the defenses an insurance company may use against your claim.

Since there are potentially thousands or even millions of dollars at stake in a wrongful death lawsuit, insurance companies will do everything they can to avoid payment. Basically, they will be working in their own best interests, not yours.

Some of the more common defenses used on the liability portion of a wrongful death case include: 

• Contributory negligence of the deceased;
• Contributory negligence of the beneficiary;
• Settlement prior to death;
• Exclusive remedy of Workers' Compensation Act;
• Statute of limitations; and
• Any defense to the underlying case. 

Some of the more common defenses used on the damages portion of a wrongful death case include: 

• No evidence of medical causation;
• No evidence of conscious pain and suffering;
• Lack of certainty as to economic damages; and
• Poor quality relationship between deceased and beneficiary. 

The insurance company will have a team of expert attorneys working for their best interests, shouldn't you have a qualified Chicago wrongful death lawyer looking out for yours?

Hiring a Chicago Wrongful Death Lawyer

During this time, grieving for your loved one and taking care of your family should be your main focus, not dealing with insurance companies. Retaining the legal services of a Chicago wrongful death lawyer can help you focus on moving on with life without your loved one while your attorney deals with the legalities, research, and paperwork involved with your wrongful death claim.

The Chicago wrongful death lawyers at the Law Offices of Barry G. Doyle, P.C. will give you and your case the expertise, compassion and respect you deserve during this difficult time. Contact us today for a free case evaluation - (312) 263-1080

The Law Offices of
Barry G. Doyle, P.C.
5215 Old Orchard Road
Suite 710
Skokie, IL 60077
Phone: 312.263.1080
Fax: 312.263.0153

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