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 cause of injury 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.
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A wrongful death lawsuit is intended to compensate family members and help them continue with their lives after a fatal accident.
How can I prove a wrongful death claim?
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 a duty 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 driving unsafely or causing an unsafe circumstance at work.
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.
2
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.
We promise that you do not have to pay fees unless you win.
Speak Directly to an Attorney