When tragedy strikes and accidents become fatal, the victim is no longer able to seek justice. In their place, those left behind—family members or dependents—have the right to pursue a wrongful death claim to seek compensation.
Given its rarity, there’s a general lack of knowledge about managing these painful scenarios when they arise due to someone else’s negligence. This guide offers a comprehensive overview of wrongful death lawsuits in Illinois, providing essential insights and support for navigating what is often uncharted territory for many.
Establishing Proof in Wrongful Death Claims
“Just like with personal injury claims, proving wrongful death involves demonstrating that the defendant breached a duty of care towards the deceased. This oversight must be directly linked to the incident that caused their death,” says Chicago wrongful death lawyer Michael McCready.
Notably, a case initially filed as a personal injury claim, can transition into a wrongful death case should complications from injuries lead to the victim’s demise.
For cases rooted in negligence, such as car accidents or workplace incidents, you’ll need to showcase how the defendant’s negligence led to fatal consequences. On the other hand, for incidents resulting from defective products or animal attacks, the burden shifts slightly. In these cases, you must prove that these factors were involved in causing death—the intent or caution levels of the defendant are irrelevant.
Medical Malpractice Special Considerations
With medical malpractice matters, proof must extend beyond standard negligence, according to the experts. It’s crucial to demonstrate that medical professionals deviated from widely accepted norms suitable for their level of training and expertise—a realm where legal counsel is indispensable.
Recoverable Damages in A Wrongful Death Claim
Medical Expenses
Medical expenses encompass everything from emergency services at the scene of an incident right through to any treatments or surgeries attempted before the death.
Funeral and Burial Costs
This covers the expenses for laying your loved cast member to rest comfortably. These might include casket costs and memorial services fees, cemetery plot charges, and other ceremonial expenses.
Loss of Income
If your loved one was bringing home the bacon, a wrongful death claim allows recovery for lost wages, including what they could have potentially earned had their life not been untimely cut short, says this source.
Loss of Support and Services
Beyond dollars, there’s a gaping hole left in support – be it emotional or practical domestic tasks they managed daily. You may seek damages for this void, quantifying contributions you now have to outsource or take time away from work to handle yourself.
Pain and Suffering of the Deceased
It’s gut-wrenching to think about, but if your loved one suffered before passing away, compensation for their pain and suffering could be included in your claim. This aspect addresses the trauma and distress experienced by the deceased from the time of injury up until death.
Do You Need a Lawyer?
Hiring a lawyer can make a significant difference when diving into the turbulent waters of wrongful death claims. First, these legal experts are well-versed in the court system and can shield you from common pitfalls.
They expertly handle the mountain of paperwork and skillfully craft compelling arguments, boosting your chances of receiving fair compensation. Moreover, during such emotional times, having an experienced advocate navigate through complex legal processes can bring peace and clarity to your family, ensuring that justice is served without adding undue stress to your already challenging situation.
Cost should not be a concern. Like in personal injury claims, you will only pay if they win your case.