If you’ve tragically lost a loved one in an accident due to negligence in Carol Stream, The Kryder Law Group, LLC Accident and Injury Lawyers can help. An experienced Carol Stream wrongful death lawyer from our personal injury law firm provides compassionate support and aggressive representation to pursue justice and compensation for your loss.
What Is a Wrongful Death in Illinois?
By law in the state, The Illinois Wrongful Death Act (740 ILCS 180/) defines wrongful death as a death caused by another party’s negligence or wrongful act. Essentially, if your loved one would have had the right to file a personal injury lawsuit against the responsible party if they were still alive, you may be able to bring a wrongful death claim on their behalf.
How Do Illinois Wrongful Death Lawyers Prove Wrongful Death Claims?
Personal injury lawyers must prove four elements to prove wrongful deaths:
- Duty of Care: The defendant had to exercise reasonable care to prevent the accident.
- Breach of Duty: The defendant failed in their duty by acting negligently or not acting.
- Causation: The defendant’s actions or inactions directly caused the victim’s death.
- Damages: Surviving family members have suffered financial and emotional losses due to their loved one’s death.
Common Types of Accidents that Cause Wrongful Death in Carol Stream, Illinois
Common types of accidents that cause wrongful death claims include:
- Fatal accidents leading to wrongful death lawsuits include negligent driving, which involves cars, trucks, or motorcycles.
- Commercial truck regulations are vital for safety.
- Motorcyclists are especially vulnerable to other drivers’ negligence.
- Medical professionals must meet care standards, as failure can lead to a medical malpractice claim.
- Nursing home staff have a duty to care for patients, and neglect or abuse can result in wrongful death lawsuits.
- Slip-and-fall accidents on someone else’s property can cause serious injuries and fatalities.
Recoverable Damages in Illinois’ Wrongful Death Cases
Wrongful death attorneys seek financial compensation for wrongful death accident victims’ survivors that may include:
- Burial and funeral expenses
- Loss of financial support, future earnings, or potential inheritance from the victim
- Loss of companionship, guidance, and emotional support of the deceased family member
- Any medical expenses related to the fatal accident
Who Can Be Held Accountable for a Carol Stream Wrongful Death?
In wrongful death cases, responsible parties can include:
- Individuals whose negligent or intentional actions caused the death.
- Corporations liable for negligence or product issues.
- Medical professionals and facilities liable for malpractice.
- Employers when death results from unsafe working conditions.
Who Can File a Wrongful Death Lawsuit?
Under Illinois law, only the personal representatives of a deceased person’s estate can file a wrongful death lawsuit for medical bills and other losses.
Usually, this is a close family member, such as a spouse, adult child, or parent. If there are no spouse or children, a sibling or another relative might be appointed by the court. Fair compensation from the lawsuit is meant for the deceased’s surviving spouse and next of kin, not the personal representative.
Contact a Carol Stream, IL Wrongful Death Attorney Today
Wrongful death occurs unexpectedly, often leaving families confused and overwhelmed. At The Kryder Law Group, LLC Accident and Injury Lawyers, our dedicated Carol Stream wrongful death attorneys provide support during this challenging time and work diligently on their personal injury cases to hold responsible parties accountable to secure the maximum compensation your family deserves.
Call for a Free Consultation
Schedule a free consultation with an experienced wrongful death attorney from our law firm to learn how we can assist with your case.
(312) 223-1700