What to Know About Wrongful Death Claims in Illinois

 Posted on November 23, 2022 in Personal Injury

Losing a family member can be one of the most challenging things anyone will ever have to go through. This is even more true if they died due to someone else’s negligence. However, what hurts most about wrongful death cases is that the person did not have to die. Instead, the negligence of another caused their untimely death. This can be excruciatingly painful to have to accept.

In Illinois, the Wrongful Death Act paves the way for family members to seek justice after their loved one’s death. In addition, the law allows for wrongful death claims to seek compensation if they can prove someone else’s carelessness caused their loved one’s death. If you believe your loved one suffered a wrongful death, contact an experienced attorney with knowledge of Illinois law who is prepared to fight aggressively for the compensation your family may be entitled to. 

What Are the Elements of a Wrongful Death Claim? 

A wrongful death claim may involve an event such as a car accident, medical misconduct, or even an intentional crime. With a wrongful death claim, the plaintiff must prove that:

• The alleged offender owed a responsibility to the individual who died

• The alleged offender failed in that responsibility

• The alleged offender’s failure resulted in the individual’s death

• As a result, recoverable damages may be owed

Under Illinois law, the law states that a personal representative of the deceased must be the one to bring forth the wrongful death claim. Often, the personal representative may be the person who administers the dead person’s estate. This is usually a family member, but this is not always the case. Notably, however, the individual who files the suit does not mean they will be the one to recover the damages. Instead, the law states that the court will distribute the damages to the next of kin. This ensures that if the person who brings forth the wrongful death claim is not a family member, the damages from the wrongful death claim will ultimately benefit the family. 

What Type of Damages Can the Plaintiff Be Compensated For?

Depending on the case, the types of damages may include:

• Monetary losses, both past, and future

• Loss of society 

• Funeral and burial costs

• Grief and emotional anguish 

Contact a Bloomingdale Wrongful Death Attorney

Wrongful death cases can be quite complex and feature lots of moving parts. To ensure justice is served for the untimely death of your loved one, contact the law office of David W. Clark, P.C, where our experienced Wheaton wrongful death lawyer will work tirelessly to pursue the best possible outcome in your case. Call 630-665-5678 today for a free consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57