A friend or loved one’s untimely demise is always a devastating blow, and the pain is even worse if another person’s negligence caused the wrongful death, which is the legal term for these situations. No amount of money can possibly make up for such a loss, but the financial compensation available to survivors will at least assuage the grief and provide a measure of security, which is what the deceased person would have wanted.
Not all preventable deaths involve actionable negligence, but many of them do. According to the Centers for Disease Control and Prevention, the most common types of accidental death are:
Other categories include alcohol-related deaths, which could involve either poisoning or motor vehicle crashes, and assaults.
The location has a significant bearing on the legal issues involved in a wrongful death case, mainly because of the duty of care.
Some wrongful deaths start at one place, like the doctor’s office and end at another place, such as the victims’ homes.
Like most jurisdictions, Illinois has a wrongful death statute that outlines important legal issues, like who may file a suit and the damages available. In general, the personal representative may file a wrongful death action within two years after the wrongful death; the personal representative is usually a surviving spouse or other family member.
Claimants are normally entitled to economic damages, such as funeral and burial expenses, lost future income, and future lost inheritance. The jury may also award damages for the “grief, sorrow, and mental suffering, to the surviving spouse and next of kin of such deceased person.”
Contact Diligent Attorneys
At our law firm, we work hard to help ensure that you receive the compensation you deserve. Contact our Schaumburg office today for a free consultation, as you have a limited amount of time to act.