Losing a loved one is a devastating experience, especially when it is due to someone else’s negligence. An Elmhurst wrongful death lawyer can provide compassionate support and legal guidance to help you seek justice for the deceased person. Our personal injury law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, will guide you through the complexities of wrongful death lawsuits, ensuring your family’s rights are protected and you receive the compensation you deserve.
What Is a Wrongful Death in Illinois?
In Illinois, a wrongful death occurs due to another’s wrongful act, neglect, or default. The Illinois Wrongful Death Act (740 ILCS 180/) allows specific individuals to sue for compensation for financial and emotional losses. This statute enables families to hold responsible parties accountable and seek justice.
How Must Elmhurst Wrongful Death Lawyers Prove Wrongful Death Claims?
To prove a wrongful death claim in Illinois, wrongful death attorneys must establish four key elements:
- Duty of Care: A wrongful death attorney needs to prove the defendant had a legal duty of care toward the deceased, which involves acting according to specific obligations like adhering to traffic laws or providing adequate medical care.
- Breach of Duty: The defendant must be shown to have breached their duty of care, whether through reckless driving or medical negligence.
- Causation: The lawyer must prove that the defendant’s breach of duty directly caused the victim’s death.
- Damages: The lawyer must present evidence of damages from the wrongful death, including medical and funeral costs, loss of income, and the family’s emotional suffering.
Common Types of Accidents that Cause Wrongful Death in Elmhurst
A wrongful death case can be brought in a wide range of accidents, including:
- Car accidents
- Medical malpractice
- Workplace accidents
- Product liability
- Premises liability
Who Can Be Held Accountable for a Wrongful Death?
In Illinois, the following individuals or entities can be held responsible for a wrongful death action:
- Individuals: This applies to those whose actions led to a death
- Employers: Employers may be liable for workplace accidents and deaths
- Medical Professionals: Medical malpractice can result in wrongful deaths
- Manufacturers: Product liability laws allow families to pursue compensation from manufacturers for fatal product-related incidents
Types of Compensation for Elmhurst Wrongful Death Cases
An Elmhurst wrongful death lawyer can help you seek various types of financial compensation, including:
Economic Damages
These include expenses related to the victim’s death, such as medical bills and funeral costs.
Non-Economic Damages
This covers intangible losses like emotional distress, loss of companionship, and pain and suffering.
Punitive Damages
In cases involving extreme negligence or malicious intent, the court may award punitive damages to punish the responsible party.
Who Can File a Wrongful Death Lawsuit?
In Illinois, a wrongful death lawsuit can be filed by the personal representative of the deceased person’s estate. This representative is often a close family member such as a surviving spouse, adult child, or parent.
If there is no designated representative, the court can appoint one. These actions are taken to seek damages for the beneficiaries, which typically include the deceased’s immediate family members, such as spouses and children.
Contact an Elmhurst Wrongful Death Lawyer Today
Losing a loved one is hard without legal issues adding stress. An experienced Elmhurst wrongful death lawyer from our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, can support and guide you, fighting for fair compensation and seeking justice.
Free Consultation
We offer a free consultation with an experienced lawyer to discuss your case, explore legal options, and to answer your questions.
(312) 223-1700