Whether you have lost a spouse, sibling, parent, child, or other loved one, an unexpected death in the family can be devastating. This devastation is compounded when the person’s death was due to an avoidable accident. In Illinois, individuals who have lost loved ones may be able to file a civil legal action called a “wrongful death claim.” Taking legal action cannot bring back your loved one. It may, however, act as a means of holding the at-fault party accountable. It may also allow you to recover financial compensation for medical and funeral expenses and other damages.

What Is a “Wrongful Death?”

According to the Illinois Wrongful Death Act, an individual has the right to pursue damages when the following conditions are present.

The person’s death was caused by neglect, default, or wrongful act. A party is considered negligent when the party had a duty of care, the party failed to uphold the duty, and the person died as a result. Wrongful death claims may be based on an allegation of negligent action or negligent inaction. For example, a trucking company has a duty to ensure that trucks are do not have mechanical problems that could cause an accident. If the trucking company failed to perform maintenance on a truck and the truck caused a fatal accident, the trucking company may be liable for damages. Similarly, a property owner who does not comply with fire codes may be liable if someone dies in a fire.

Many people may be familiar with the term “ wrongful death,” but what exactly does that mean? The legal term is associated with a civil action in which damages are sought against a party for causing a death. It is important to note that this type of claim is different than a criminal charge or conviction for the same death. This type of legal action allows a deceased individual’s family members to recover compensation for their losses caused by the death and its impact on them. There are many incidents that could involve the untimely or wrongful death of a person. For example, a vehicle crash, construction accident, medical malpractice, or nursing home neglect or abuse can all cause fatalities.

Who Can Seek Damages for a Wrongful Death?

Depending on the situation, various relatives may bring a wrongful death claim against the negligent or at-fault party. Compensation can include damages for grief, loss of income, and mental anguish to the surviving family members. Damages are distributed by the court according to the relatives’ level of dependency on the deceased person based on the circumstances surrounding the case, which a judge will review.

The individuals who typically seek a wrongful death claim include:

Losing a loved one is hard, and it’s even harder when their death is the result of negligence. In this case, family members may choose to file a wrongful death lawsuit, seeking damages, usually in the monetary form. According to the Centers for Disease Control and Prevention, death from unintentional injuries is the fourth leading cause of death in the United States, meaning wrongful death is unfortunately uncommon.

What Is Wrongful Death?

Wrongful death is any death that is caused by another person’s recklessness or negligence. According to the state of Illinois, wrongful death is defined as death due to another person’s, company’s or corporation’s intentional, negligent or misconduct. Some common examples of wrongful death include:

It is hard to imagine anything more distressful and heartbreaking than the sudden death of a loved one due to an accident or some kind of negligence. Pursuing a wrongful death suit often helps family members find some type of closure while requiring parties at fault to correct flaws in systems, procedures, manufacturing or other processes.

It Should Never Have Happened

When deaths occur due to accidents or some type of negligence, what everyone needs to realize is that these occurrences are not confined simply to the home or place of work. While wrongful deaths occur in these locations, recent news illustrates that tragedy can strike when one least expects it.

While it may be true that sometimes accidents just happen, it is also true that many accidents are avoidable. When wrongful death occurs due to the negligence of others, there are legal avenues one can pursue to ensure those responsible are held accountable.

Examples of Wrongful Death and Liable Parties

Frequent incidents of deaths to road workers occurring on Illinois highways forced the state to enact stricter laws punishing motorists who strike and injure or kill construction or highway workers. However, regardless of the criminal outcome, the driver can still face a wrongful death suit in civil court.