Infant Wrongful Death Lawyer
- Why Should You Choose Levin & Perconti to Pursue an Infant Wrongful Death Lawsuit?
- What Types of Compensation Can Parents Receive If They Have Lost an Infant?
- What Is the Legal Process for Filing a Wrongful Death Claim for an Infant?
- What Is the Statute of Limitations for Wrongful Death Claims?
- Who Can Be Held Liable in an Infant Wrongful Death Case?
- Contact Levin & Perconti for a Free, Compassionate Consultation
While any birth injury can be devastating, the death of an infant leaves an emotional wound that never completely heals. Parents rely on doctors, midwives, and other providers to provide a reasonable standard of care. If your child has died because a health care provider let you down, you deserve substantial compensation. With over 32 years of experience, our infant wrongful death lawyers have developed the most effective and aggressive approach for each case. We have seen firsthand the toll an infant death takes on a family, and we are dedicated to helping you get justice.
Why Should You Choose Levin & Perconti to Pursue an Infant Wrongful Death Lawsuit?
Our talented Chicago birth injury lawyers are national leaders in birth injury litigation with over 400 years of combined experience and a history of record-setting case results. When you choose Levin & Perconti, you will get a caring, attentive team of knowledgeable infant death attorneys in Chicago who will tell your story and refuse to back down until you get the results you deserve.
Proven Experience in Complex Infant Wrongful Death Cases
We have been handling birth injury, wrongful death, and medical negligence cases in Illinois since 1992 and have recovered over $2 billion in compensation for injured clients and grieving families. In 2020, we placed among the top five Illinois law firms for total settlements for our clients and have won more settlements of $500,000 or higher than any other law firm in Illinois.
Meet Our Infant Wrongful Death Attorneys
Managing partner Michael Bonamarte has been handling birth injury cases since 2005 and served as co-lead counsel in a 2023 case that ended in a record $40 million verdict.
Partner Dov Apfel has over 40 years of experience in birth injury litigation in multiple states. He is one of the country’s most widely sought-after birth injury attorneys. He mentors judges, lawyers, and professionals and is a staunch advocate for birth-injured children, parents, and grieving families.
Partner Seth Cardeli is a national leader in birth injury litigation with 16 years of experience handling infant wrongful death claims throughout the country. He frequently presents at educational seminars for attorneys on birth injury litigation. He has obtained numerous seven- and eight-figure settlements and verdicts in birth injury cases.
Our Infant Wrongful Death Settlements
Our award-winning fetal death attorneys consistently achieve outstanding results for grieving families, including several record-setting settlements.
The following are a few examples of our infant birth injury settlements:
for the family of a baby who suffered a hypoxic-ischemic brain injury resulting in multiple medical complications, all of which contributed to his death
$3.5 million
Settlement
for the family of a newborn who died as a result of a doctor failing to perform a timely Cesarean section despite signs of fetal distress
$2.5 million
Settlement
for the family of a newborn who died as a result of a doctor’s failure to recognize fetal distress and perform a timely C-section
for the family of a two-year-old child who died of respiratory and heart failure due to an extremely premature birth stemming from a doctor’s failure to diagnose an immune disorder in the mother during pregnancy
$850,000
Settlement
over a physician’s failure to diagnose and treat diabetes during pregnancy, which resulted in diabetic ketoacidosis in the death of a 26-week-old fetus
Comprehensive Case Investigation
We will perform a thorough review of your and your child’s medical history and consult with medical experts in our network to identify and prove the negligence that led to your child’s death. Common medical errors that lead to infant and fetal death include the following:
- Negligent prenatal care
- Misdiagnosed maternal infections during pregnancy
- Preeclampsia misdiagnosis
- Forceps errors
- Vacuum extraction errors
- Untimely C-section
- Failure to detect fetal distress
- Unaddressed umbilical cord compression
Our knowledge of birth injury laws and litigation is unmatched. You can count on us to gather all of the necessary evidence so you can grieve without having to keep reliving the trauma.
Financial Resources to Support Your Case
Insurance companies would rather pay their lawyers than medical malpractice victims. It takes significant resources to hold them accountable. Our financial resources allow us to spend every dollar necessary to win the compensation you deserve. We will pay your case costs and file your claim with no upfront costs. You pay nothing unless we win your case and recover compensation for you.
Compassionate and Dedicated Representation
The death of a child takes an emotional toll that only grieving parents can understand. Our compassionate infant death attorneys are dedicated to providing caring support and vigorous representation during this difficult time. You can count on us to answer your calls, keep you informed, and fight for justice. We will not accept less than you deserve. We prepare every case for trial and are unafraid to fight in court for full compensation.
Testimonials
Feedback from satisfied clients reflects the hard work we put into every case. We give every client personalized, professional legal representation and refuse to give up until we obtain the best results possible. Below are examples of our client testimonials:
What Types of Compensation Can Parents Receive If They Have Lost an Infant?
You may be entitled to economic and non-economic damages for the wrongful death of your infant in a medical malpractice incident. Economic damages cover monetary losses, while non-economic damages compensate for intangible losses.
Economic damages available in stillbirth and infant death cases include the following:
- Funeral and burial expenses
- Medical expenses
- Loss of your child’s services
When calculating economic damages, juries must deduct the costs you likely would have spent on the upbringing of the child had death not occurred. However, this may be offset by non-economic damages. Due to the significant emotional impact of an infant’s death, non-economic damages can be substantial. Non-economic damages in an infant wrongful death claim may include grief, sorrow, and mental suffering of the parents and loss of the infant’s companionship.
Our infant wrongful death and stillbirth attorneys can answer your questions about wrongful death lawsuits and how they apply to infants.
What Is the Legal Process for Filing a Wrongful Death Claim for an Infant?
Your first step in an infant wrongful death claim should be to contact a Chicago wrongful death lawyer with experience handling infant death claims. While each case is unique, they typically involve the following steps:
- Documentation. Your attorney will retrieve medical records and request copies of other relevant documentation to support your claim.
- Case investigation. Your attorney will investigate each health care provider involved in your care during pregnancy, birth, and shortly after birth and gather evidence connecting medical negligence to your child’s death.
- Insurance claim. Your attorney will file a claim with the negligent health care providers’ insurance companies and demand full compensation. Settlement negotiations will begin.
- Litigation. Your attorney will file a lawsuit before the statute of limitations expires if the insurance companies refuse to pay fair compensation. Settlement negotiations will continue.
- Discovery. Each side obtains evidence from the other. You may be required to testify at an informal hearing under oath, known as a deposition. We will prepare you ahead of time.
- Trial. If your case does not settle, it will go to trial. If your testimony is required, we will prepare you ahead of time.
How Long Does an Infant Wrongful Death Lawsuit Take?
It can take months or years to resolve an infant wrongful death claim. Insurance companies often refuse to pay fair compensation. They may claim the infant’s death was caused by something else, downplay the impact of the death, attempt to stall the case, or even blame you. No matter what the insurance company tells you, your child’s death is not your fault.
Insurance companies use these tactics to minimize compensation or discourage you from pursuing your claim. However, you should not allow the amount of time involved or the insurance company’s desperate tactics to evade responsibility to discourage you from filing a claim. Infant wrongful death damages are often significant, and they can help your family experience a sense of justice.
What Is the Statute of Limitations for Wrongful Death Claims?
The birth injury statute of limitations in Illinois generally requires you to file an infant wrongful death lawsuit within two years of your child’s death. An exception known as the discovery rule applies if you did not know malpractice caused or contributed to your child’s death. In these cases, you have an additional two years from when you discover or reasonably should have known about the malpractice, as long as it is within four years of the medical error.
Your attorney must complete an investigation and gather evidence before filing your case. Retrieving medical records, working with investigators, and waiting for medical experts to review your files requires substantial time. It is important to contact an attorney well ahead of the statute of limitations to protect your case.
Who Can Be Held Liable in an Infant Wrongful Death Case?
Multiple parties may be liable for the wrongful death of an infant, including the following:
- Obstetricians
- Midwives
- Anesthesiologists
- Pediatricians
- Labor and delivery nurses
- Pharmacists
- Laboratories
- Hospitals
- Birthing centers
- Pharmaceutical companies
- Medical equipment manufacturers
Identifying all responsible parties is crucial for determining liability and maximizing your compensation. Our dedicated infant wrongful death attorneys in Chicago are committed to holding every responsible party accountable.
Contact Levin & Perconti for a Free, Compassionate Consultation
No parent should have to experience the loss of their child because of the negligence of their health care provider. We are here to listen to your story, provide compassionate support, and vigorously pursue justice for your child. With over $2 billion recovered and 32 years of experience, you can count on our caring infant wrongful death lawyers to get you the compensation you deserve.
Contact us online today or call (312) 332-2872 to schedule a free consultation.
Legally Reviewed by
Dov Apfel
Contact Us
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- (312) 332-2872
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Related Pages
- Birth Injury Lawyer
- Birth Asphyxia
- Brachial Plexus Injury
- Breech Birth Complications
- Cerebral Palsy
- Erb's Palsy
- Gestational Diabetes Misdiagnosis
- Hypoxic-Ischemic Encephalopathy (HIE)
- Neonatal Seizures
- Oxygen Deprivation
- Preeclampsia Misdiagnosis
- Shoulder Dystocia
- Statute of Limitations by State
- Stillbirth Lawsuit
- Umbilical Cord Compression
- Untimely C-Section
- Vacuum Extraction Injury
Notable Results
SETTLEMENT
for the family of a child who suffered brain injury due to lack of oxygen during her birth
SETTLEMENT
for a child who suffered brain damage causing cerebral palsy as a result of a family practice physician's failure to perform a timely C-section
VERDICT
for a child who died as a result of a doctor’s failure to diagnose the mother with an immune disorder while pregnant
Birth Injury Awards
In 2024, Michael Bonamarte, Seth Cardeli, and Cari Silverman won the Trial Excellence award at the Jury Verdict Reporter reception and awards ceremony for their groundbreaking $40 million verdict on behalf of a client who suffered a birth injury. This is the highest ever reported medical malpractice verdict outside of Cook County, IL at the time of reporting and the highest ever verdict in Coles County.
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325 N LaSalle Dr Suite 300
Chicago, IL 60654
312-332-2872
