Wrongful death is a situation where an individual loses their life due to the negligence or misconduct of another party. If you have lost a loved one and believe that their death was caused by someone else’s actions, a Des Plaines wrongful death lawyer from our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers can help.
What Is a Wrongful Death in Illinois?
In Illinois, a wrongful death is caused by the wrongful act, neglect, or default of another party. This can include situations such as car accidents, medical malpractice, workplace accidents, and even criminal acts.
Who Can File a Wrongful Death Lawsuit in Des Plaines?
According to the Illinois Wrongful Death Act (740 ILCS 180/0.01, et al.), wrongful death lawsuits must be brought by the “personal representatives” of the wrongful death victim. Those who may recover damages for wrongful death actions may be different from the personal representative.
Usually, the surviving spouse and “next of kin” are entitled to recover damages including fair compensation for pecuniary injuries such as grief, sorrow, and mental suffering.
Who Cannot File a Wrongful Death Claim?
In Illinois, there are certain individuals who cannot file a wrongful death action. This includes distant relatives, such as grandparents or siblings, as well as non-family members, such as friends or caregivers.
Types of Damages Available in Illinois Wrongful Death Cases
There are different types of damages that may be available to the surviving family members. These can include economic damages, such as medical and funeral expenses, as well as non-economic damages, in fatal injuries such as loss of companionship and emotional pain and suffering.
What Does Not Qualify as a Wrongful Death?
It is important to note that not all deaths qualify as wrongful under Illinois law. For example, deaths due to natural causes or preexisting conditions are not considered wrongful death. Additionally, deaths caused by the deceased individual themselves may not be eligible for a wrongful death claim.
How Must a Personal Injury Lawsuit Prove Wrongful Death?
In order to successfully prove a wrongful death case in Des Plaines, an experienced wrongful death attorney must demonstrate four key elements:
- Duty of care: The responsible party had a legal obligation to act with reasonable care towards the deceased individual.
- Breach of duty: The responsible party failed to fulfill their duty of care, either through negligence or intentional misconduct.
- Causation: The breach of duty was the direct cause of the individual’s death.
- Damages: The surviving family members have suffered damages as a result of the individual’s death.
Common Types of Accidents that Cause Wrongful Death in Des Plaines
There are many different types of accidents that can result in wrongful death claims:
- Car accidents
- Medical malpractice
- Workplace accidents
- Product liability accidents
- Criminal acts or violence
What Is My Case Worth?
The value of a wrongful death case in Des Plaines, Illinois will vary depending on the personal injury cases specific circumstances. Wrongful death attorneys can thoroughly evaluate your case and determine the potential value.
Contact the Wrongful Death Lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers Today
If you have lost a loved one due to the acts of a negligent party in Des Plaines, call our law firm for representation. An experienced wrongful death lawyer can help you navigate the legal process and fight for the justice and financial compensation that your family deserves.
(312) 223-1700