A wrongful death occurs when someone dies due to another’s negligence or intentional actions; at times like this, a Plainfield wrongful death lawyer can help. Our personal injury law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, has decades of experience handling wrongful death personal injury cases.
In this Article
What is Wrongful Death in Illinois?
In Illinois, a wrongful death is defined as a death caused by the wrongful act, neglect, or default of another person or entity. The Illinois Wrongful Death Act (740 ILCS 180/0.01, et al.) allows the deceased person or deceased’s estate, to file a lawsuit against the party responsible for the death.
Common Types of Accidents that Lead to Wrongful Death Lawsuits Plainfield
Wrongful deaths can occur in various situations, and each case is unique:
Car accidents caused by a negligent driver
Medical malpractice leading to a patient’s death
Workplace accidents due to unsafe working conditions
Defective products or devices causing fatal injuries
Criminal actions such as assault or homicide
How Must a Personal Injury Lawyer Prove Wrongful Death Claims?
In order to prove a wrongful death, a personal injury lawyer must establish the following elements:
The death of an individual occurred
The death was caused by the negligence or intentional actions of another person or entity
Surviving family members have suffered financial losses as a result of the death
Who Can Be Held Accountable for a Wrongful Death?
In a wrongful death case, the party responsible for the victim’s death can be held accountable. This can include individuals, companies, or even government entities. It is important to note that there may also be multiple parties responsible for a wrongful death, and a personal injury lawyer can help determine who should be held accountable.
What Damages Can Be Recovered in Wrongful Death Claims?
A successful wrongful death lawsuit may result in the recovery of financial compensation for various losses, including:
Medical expenses related to wrongful death victims’ final injury or illness
Funeral and burial expenses
Loss of future income and financial support provided by the deceased person
Those who receive compensation may differ from the personal representative. Usually, the surviving spouse and “next of kin” can recover damages, including compensation for, grief, sorrow, and mental suffering.
Who Is Next of Kin?
In a wrongful death lawsuit in Illinois, next of kin is a family member or the deceased person’s close family members as defined by the Illinois Probate Act (755 ILCS 5/). The surviving spouse and the deceased person’s children are considered next of kin in many wrongful death cases.
Who Else Can Recover Damages?
When wrongful death occurs, the decedent’s estate can recover compensation for pain and suffering, and lost income and wages, medical bills, and funeral expenses under the Illinois Survival Act (755 ILCS 5/27-6). Spouses, children, and sometimes parents can file separate lawsuits for loss of love, companionship, care, and household services. Non-family beneficiaries of the estate may also recover certain damages.
How Long Do I Have to File a Wrongful Death Claim?
The wrongful death attorneys in our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, provides legal representation and support to families who have lost loved ones due to negligence or intentional harm.
Get help from a Plainfield wrongful death lawyer when you've lost a loved one because of someone else's negligence.
$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