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.
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
- Loss of companionship, guidance, and care
Who Can File Wrongful Death Claims?
Under Illinois law, only certain individuals can file a wrongful death lawsuit. According to the Illinois Wrongful Death Act, these lawsuits to seek compensation must be filed by the deceased person’s “personal representatives.”
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?
In Illinois, individuals have two years from the date of death to file a wrongful death claim, exceptions may apply.
Contact a Chicago Wrongful Death Lawyer Today
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.
(312) 223-1700