If you’ve lost a loved one because of someone else’s negligence or criminal act, you may have a wrongful death claim. You will need to know ‘how do you prove wrongful death?‘
Your wrongful death lawyer will prove that the loss of your family member is a wrongful death by introducing evidence that establishes each element of the civil tort of wrongful death. Even if the death happened because of someone’s criminal act, wrongful death cases are considered a civil lawsuit and are handled by a personal injury wrongful death lawyer.
The Elements of Wrongful Death in Illinois
The Illinois state legislature created the right to sue someone for monetary damages for the wrongful death of a close relative. 740 ILCS 180 defines what constitutes valid wrongful death lawsuits in our state.
Proving wrongful death requires verifying all of these factors:
Your Family Member Passed Away
You cannot have a wrongful death lawsuit unless someone is now deceased. If an individual sustains a physical injury and survives, the appropriate legal action is a personal injury claim. Even if the injuries are severe and require long-term or lifelong care, it remains a personal injury claim, not a wrongful death lawsuit.
A Wrongful Act Led to Your Family Member’s Passing
The defendant must have had a duty of care to the victim, and the defendant breached that duty by committing a wrongful act. Under the law, a wrongful act can be negligence, a defect, neglect, or an intentional act.
Your Loved One Passed Due to Negligence
The wrongful act must have caused the death of the injured person. Once the wrongful death attorneys have proven negligence, surviving family members may receive wrongful death settlements.
This can be a tricky factor to prove. Even if the defendant admits to a negligent act, your lawyer must link your loved one’s death to the defendant’s action or inaction.
How to Prove the Elements of Wrongful Death
The evidence needed for a wrongful death case varies, depending on the case facts. Your attorney may use various types of evidence to prove a wrongful death suit.
Provide a Death Certificate to Confirm Your Loved One’s Death
An official death certificate offers useful information for your wrongful death case. It shows the cause of death as well as the date and time of death, which is helpful if there’s a statute of limitations issue.
Police and Accident Records Can Show That a Wrongful Act Occurred
It can be harder to prove the defendant committed a wrongful act than to show the injured person died. An experienced wrongful death lawyer could use the police report to show the defendant committed a moving violation or harmed your loved one in some other way.
Additional possible sources of evidence include:
How a Wrongful Death Case is Different From a Criminal Charge
When someone dies due to another’s actions, the at-fault party might face criminal charges. Sadly, the deceased’s personal representative or surviving family members sometimes don’t realize they can file a civil action for financial compensation, even if a criminal case is pending. The criminal case doesn’t remove the family’s right to hold the defendant financially accountable for their losses.
Additionally, the family can’t compel law enforcement to pursue the criminal case. The criminal case is completely separate from the wrongful death civil lawsuit.
File a Civil Tort Lawsuit While the Criminal Case Is Going On
The American legal system demands substantial burden of proof to win either criminal convictions or civil lawsuits. A wrongful death case can succeed even if the defendant isn’t convicted of murder or manslaughter, as defendants may plead guilty to lesser charges or avoid conviction through other means.
You don’t have to wait for the criminal case to resolve before filing your wrongful death lawsuit. As long as you have evidence for your civil wrongful death claim, a criminal conviction of the defendant isn’t necessary.
How Long Does a Victim’s Survivors Have to File a Wrongful Death Suit?
In most wrongful death claims, you have two years from the date of death to file a lawsuit for compensation under Illinois’ Wrongful Death Act. If the death is due to a violent crime or involves a beneficiary who is a minor, you might have more time. Missing the filing deadline means Illinois law will bar you from pursuing the responsible party.
Contact a Wrongful Death Lawyer Today
If someone’s reckless, negligent, or intentional actions caused your loved one’s death, you might be able to file a wrongful death lawsuit. A wrongful death attorney at Kryder Law Group, LLC Accident and Injury Lawyers can guide you through this challenging process, working diligently to win the wrongful death settlement your family deserves.
Contact us today for a free consultation.
(312) 223-1700