When tragedy strikes, navigating a legal process while grieving can be difficult.
If the fatal accident of a loved one or family member was due to negligence or intentional harm, call a Waukegan wrongful death lawyer in our personal injury law offices, The Kryder Law Group, LLC Accident and Injury Lawyers to learn whether a wrongful death suit is warranted.
What Is a Wrongful Death in Illinois?
According to Illinois’ Wrongful Death Act, (740 ILCS 180/), wrongful death is defined as a death caused by “wrongful act, neglect or default” of another person. This means that if someone’s actions or inactions lead to the death of another individual, it may be considered a wrongful death.
How Must a Waukegan Personal Injury Lawyer Prove a Wrongful Death Case?
Waukegan wrongful death attorneys must prove four elements in wrongful death claims:
- Duty of care: The defendant had a legal duty of care towards the deceased person.
- Breach of duty: The defendant breached their duty of care.
- Causation: The breach of duty led to the victim’s death.
- Damages: The death caused damages, such as financial loss or emotional pain.
Common Types of Accidents that Cause Wrongful Deaths in Waukegan, IL
Common types of wrongful death accidents include:
- Car Accidents: Careless behavior like reckless driving, drunk driving, and speeding.
- Truck Accidents: Large commercial trucks can cause devastating accidents due to their size and weight.
- Medical Malpractice: Negligence or errors made by healthcare professionals can lead to wrongful death.
- Workplace Accidents: Dangerous working conditions or lack of proper safety measures can result in deadly accidents.
Who Can Be Held Accountable in Waukegan Wrongful Death Lawsuits?
Liable parties in a wrongful death lawsuit could include:
- Individuals: This includes anyone who directly caused the death through their wrongful death action or inaction, for example in a fatal car accident.
- Companies: If a company’s policies or employees contributed to the death, they may be held liable.
- Government entities: Negligence by government agencies can also result in wrongful death.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Surviving family members may recover losses in a wrongful death claim including:
- Funeral and burial expenses
- Medical bills leading up to the death
- Loss of financial support and benefits from the deceased
- Loss of companionship, care, and guidance provided by the deceased
- Emotional pain and suffering endured by family members due to the death
Who Can File a Wrongful Death Lawsuit in Waukegan, IL?
In Illinois, the law specifies who has the right to file a wrongful death lawsuit. Typically, the responsibility of managing a deceased victim’s estate is assigned to a personal representative.
This representative may be designated in the will or, if not, appointed by the court. Commonly, immediate family members—such as a surviving spouse, children, or parents—are eligible to receive any awarded damages.
Contact a Waukegan Wrongful Death Attorney Today
If you’ve experienced the loss of a loved one because of someone else’s negligence, the dedicated and empathetic wrongful death lawyers at The Kryder Law Group, LLC, Accident and Injury Lawyers, are here to support you.
With decades of success handling wrongful death cases, we can guide you through the legal process and work for the fair compensation you deserve.
Call for a Free Consultation
Our legal team offers a complimentary consultation with an experienced wrongful death attorney. We will assess your situation, examine your legal options, and address any questions you may have.
Time is important; In Illinois , the statute of limitations for filing a wrongful death claim is typically two years from the date of the family member’s death.
(312) 223-1700