Who Can File A

WRONGFUL DEATH LAWSUIT IN CHICAGO?

Losing a loved one is one of the most difficult things a person can go through.

If your loved one’s death was caused by another’s carelessness, then you may be able to file a wrongful death lawsuit.

Here is what you need to know about wrongful death cases in Illinois.

fourth leading cause of death

Accidental death is the 

in Illinois

under the age of 45

Accidental death is the top cause of death in Illinois for people

accidental deaths per year

In Cook County,  there are over

3000

THE ILLINOIS WRONGFUL DEATH ACT

Chicago wrongful death claims are governed by the Illinois Wrongful Death Act.

The Act stipulates who can bring a wrongful death action and under what circumstances.

The Act states:

Negligence-based accidents like vehicle accidents or workplace accidents

A wrongful death occurs when a person dies because of another party's wrongful or neglectful act.

Wrongful acts include:

Medical malpractice

Intentional violent acts, including violent crimes

i

If the person who died could have brought a personal injury lawsuit had they survived, then a wrongful death claim can be filed.

A wrongful death lawsuit is intended to compensate family members and help them continue with their lives after a fatal accident.

i

only the personal representative of the deceased person's estate can bring a wrongful death action.

in illinois,

This person is called the executor.

If no executor had been selected before the death, the courts can appoint a representative.

Generally, an executor is a surviving spouse, child or parent, but could be another blood relative or an attorney

HOW CAN I PROVE A WRONGFUL DEATH CLAIM?

The victim was owed a duty of care, meaning the defendant had to act responsibly.

You must prove four things to be successful in a wrongful death lawsuit:

1

The defendant breached that duty, for example by causing an unsafe circumstance.

2

The defendant's negligence — or breach — caused the death.

You must prove four things to be successful in a wrongful death lawsuit:

3

The victim and the survivors are owed damages to compensate them for the breach and resulting harm.

4

Loss of companionship

Damages survivors can recover in a wrongful death lawsuit include:

Loss of consortium

Loss of services

Loss of future income

THE ILLINOIS SURVIVAL ACT

The Illinois survival act

provides another vehicle for the recovery of compensation. It allows the deceased person's estate to recover damages on behalf of the person who died.

i

Medical bills

Damages the deceased can recover in a survival act include:

Property damages incurred during the accident

Future lost earnings

Pain and suffering the deceased person suffered at the time of the accident

disability

An attorney can best advise whether you can pursue a claim for damages.

Many types of accidents can lead to wrongful death.

LEARN MORE

If you believe you may have grounds for a wrongful death lawsuit, contact Briskman Briskman & Greenberg for a free, confidential consultation.

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877.595.4878

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