Losing a loved one is one of the most difficult experiences a person can go through, especially when their death was caused by someone else’s negligence. If you have lost a family member due to the actions of someone else, contact our personal injury law firm, The Kryder Law Group, LLC Accident and Injury Lawyers to speak with a Carpentersville wrongful death lawyer about a potential wrongful death claim.
What Is a Wrongful Death in Illinois?
According to Illinois’ Wrongful Death Act (740 ILCS 180/), a wrongful death is defined as a death “caused by the wrongful act, neglect or default” of another person or entity. Essentially, this means that if someone else’s actions or failure to act resulted in the death of your loved one, their death may be considered a wrongful death.
How Must Carpentersville Wrongful Death Attorneys Prove Wrongful Death?
A personal injury lawyer must prove four elements in order to establish wrongful death claims:
- Duty of care: The defendant had a legal duty of care towards the deceased, requiring reasonable care and caution.
- Breach of duty: The defendant breached their duty of care.
- Causation: The breach of duty led to the victim’s death.
- Damages: The death caused damages, such as financial loss to the surviving spouse or others.
Common Types of Accidents that Can Lead to Wrongful Death Cases in Carpentersville, IL
Common types of accidents that could result in wrongful death claims include:
- Car Accidents: Distracted driving, reckless driving, drunk driving, or speeding
- Truck Accidents: Large commercial trucks pose significant accident risks due to their massive size and weight
- Medical Malpractice: Negligence or errors made by medical professionals can lead to wrongful death
- Workplace Accidents: Unsafe working conditions or inadequate safety measures can lead to fatal accidents
Who Can Be Held Accountable for a Carpentersville Wrongful Death?
Parties that could be held accountable for a wrongful death include:
- Individuals responsible for causing death can include negligent drivers or doctors guilty of medical malpractice.
- Employers may be liable for wrongful death if their employees’ actions cause a victim’s death.
- Government entities can be held accountable in a wrongful death case.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
No amount of money can replace the loss of a loved one, but wrongful death lawsuits can offer financial compensation and ensure accountability to surviving family members.
Depending on the case, family members of the deceased person may recover damages like:
- Funeral and burial expenses
- Medical bills related to the deceased person’s final injury or illness
- Loss of future income
- Loss of companionship and support
Who Can File a Wrongful Death Lawsuit?
In Illinois, the law specifies who has the right to file a wrongful death lawsuit. Usually, the personal representative of the deceased person’s estate handles an Illinois wrongful death lawsuit. This person might be named in the will or appointed by the court if not specified. Immediate family members like the spouse, children, or parents are typically eligible to recover compensation.
Contact a Carpentersville Wrongful Death Attorney Today
If you’ve lost a loved one due to negligence, the wrongful death lawyers at our law firm, The Kryder Law Group, LLC, Accident and Injury Lawyers can guide you through the legal process and work for justice in a wrongful death action.
Call for a Free Consultation
We invite you to a no-obligation consultation with a skilled wrongful death lawyer from our legal team. We have decades of experience practicing Illinois law and are here to review your situation, explain your legal options, and answer any questions you might have.
Time is crucial, so act quickly. Our Carpentersville wrongful death lawyers stand ready to help you and your family seek justice and compensation.
(312) 223-1700