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.
In this Article
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.
Des Plaines Wrongful Death Lawyer
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Britt C.
Andrew Kryder went above and beyond to help me out with a case that I brought to him. He was prompt, attentive, and extremely thorough. It was a pleasure to work with him!
(312) 223-1700