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.

Losing a family member in an accident that was caused or partially caused by another party is one of the hardest things a person can go through. Whether it a spouse or a parent, a death of this type leaves a void that is impossible to fill.

Under Illinois law, family members of an accident victim are entitled to monetary compensation by filing a wrongful death claim. This compensation is only determined once, and it is meant to address the needs of the family for years.

Thus, it is not advisable to accept a settlement from an insurance company without having your case reviewed by an attorney. Wrongful death cases can involve significant issues of law and compensation, and a professional should be involved.