Losing a loved one is hard enough for anyone, but it is arguably harder when it is someone else’s negligence or wrongful conduct that caused their death. Unfortunately, unintentional accidents are one of the leading causes of death in the United States. The Centers for Disease Control and Prevention (“CDC”) reports these accidents are the third leading cause of death in the country—167,127 deaths, according to mortality data from 2018.
If you’ve lost a loved one due to someone’s negligence or intentional act, you should consider filing a wrongful death lawsuit to receive the compensation you and your family rightfully deserve. With that in mind, we’ve compiled some of the most frequently asked questions about wrongful death lawsuits and answered them.
NOTICE: The information provided in this Blog and/or website is NOT to be taken or relied upon as “legal advice” for your particular situation. To be certain the advice you receive is legally correct and dependable as it relates to your particular situation, you must personally speak with and provide ALL pertinent facts and documents regarding your claim to a personal injury lawyer and receive the correct legal advice you can then depend upon for your particular claim or cause of action.
What is a Wrongful Death Lawsuit?
Wrongful death is when a person dies due to an individual’s, entity’s, and/or organization’s negligent or intentional act. Wrongful death claims are a part of personal injury law, which allows the decedent’s family members to file a lawsuit, seeking damages for the loss of the decedent. Basically, if the deceased individual could have filed a personal injury claim against the named defendant(s) had they lived, then a personal representative and/or family member can file a wrongful death claim for their loss.
Who is Eligible to File a Wrongful Death Lawsuit?
The decedent’s spouse, child/children, or parent can file the claim. If the decedent had previously named a personal representative, that individual could file the claim. Otherwise, a court may appoint one of the decedent’s family members as the personal representative.
What are Some of the more Common Causes of Wrongful Death Accidents?
Some common causes of wrongful death accidents include:
- Accidents involving and/or arising from the operation of a semi-truck, auto, motorcycle, bicycle, pedestrian, etc.;
- Job-related accidents, construction site accidents, non-employee actions harming an employee;
- Medical malpractice;
- Product liability (defective products) accidents;
- Premises liability accidents (slip/trip and/or fall); and/or
- Criminal Acts.
What are the Types of Damages I Can Seek from a Wrongful Death Lawsuit?
The plaintiff can seek different types of damages for the benefit of the surviving spouse and next-of-kin, according to Illinois law, as set out in the Illinois Pattern Jury Instructions.
Damages typically include the following:
- The decedent’s pain and suffering;
- The decedent’s hospital care and medical treatment expenses incurred before their death;
- The decedent’s funeral, burial, and cemetery expenses;
- The decedent’s past and future lost wages;
- The decedent’s family members’ emotional pain and suffering;
- The family member’s loss of consortium, guidance, and companionship;
- The lost financial support for the decedent’s family members, in addition to any reduced inheritance from the estate; and
- The lost services to the household or family.
If you’ve lost a loved one due to a wrongful death accident, it’s crucial that you contact a personal injury attorney promptly.
We are personal injury lawyers with many years of experience in auto accident cases, construction accidents, medical malpractice, brain injuries and eye injuries, . We practice in Tinley Park, Orland Park, Matteson, Chicago Heights, and throughout the Chicagoland area. For more than 41 years, David G. McDermott has been representing clients and ensuring they receive the full value of their claims.
Learn more about McDermott & McDermott, Ltd. or call (708) 747-9440 us for a free legal consultation.
NOTICE: The information provided in this blog is NOT to be taken or relied upon as “legal advice” for your particular situation. To be certain the advice you receive is legally correct and dependable, you must speak with and personally provide ALL pertinent facts regarding your claim to a personal injury lawyer and receive the correct legal advice you can then depend upon for your particular claim or cause of action.
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