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FAQs About Wrongful Death Lawsuits in Illinois

Posted on in Personal Injury

shutterstock_1144538219.jpgLosing a family member is always heartbreaking, even when that loss was expected, such as old age or a terminal illness. But when their death was caused by the negligent action or behavior of someone else, families are often left devastated by the suddenness and shock of it all. Not only are families left with the emotional devastation, but the victim’s death can also cause financial hardship, especially if he or she was the primary breadwinner for the family. In these types of tragedies, the family may be able to pursue a wrongful death lawsuit against those parties who are deemed legally liable for the victim’s death.

What Is a Wrongful Death?

According to Illinois law, wrongful death is defined as one that is caused “by wrongful act, neglect or default.” One way to understand what would constitute a wrongful death is that under the same circumstances, had the victim lived, they would have been able to pursue a personal injury claim or lawsuit against the party or parties that caused the accident that resulted in their injuries.

Who Can File a Wrongful Death Claim?

The law states that there are only certain survivors of the victim that may pursue a wrongful death action. These include:

  • The victim’s spouse

  • The victim’s children

  • The victim’s parents or guardians (if the victim had no spouse and/or children)

  • A representative of the victim

  • A representative of the victim’s estate

What Type of Fatal Accidents Can Result in a Wrongful Death Claim?

There are an array of accidents or incidents that a wrongful death lawyer can pursue a wrongful death claim on behalf of the victim’s survivors:

  • Car accidents

  • Truck accidents

  • Motorcycle accidents

  • Pedestrian and bicycle accidents

  • Premises liability accidents

  • Defective or dangerous products

  • Medical malpractice

  • Intentional harm

What Damages Can Survivors Be Awarded in a Wrongful Death Action?

The damages that can be awarded in a wrongful death claim will vary, depending on the circumstances of the case. Generally, the following can be included:

  • Medical bills for emergency and life-saving care for the victim

  • The pain and suffering the victim had before they died because of their injuries

  • Funeral and burial expenses

  • The lost wages the victim would have provided his or her family had they lived

  • The loss of love, guidance, and companionship the victim provided to his or her family

  • The emotional anguish the family suffers because of the victim’s death

Contact a Cook County Injury Lawyer

At Gruzmark Law, Ltd., we understand that no amount of financial compensation will ever make up for the death of your loved one, but we also understand that your family deserves financial justice for that loss. Call 847-729-7660 today to schedule a free and no-obligation consultation with one of our dedicated Glenview, IL wrongful death attorneys to find out what legal recourse you may have for your loved one’s death.

Source:

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

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