How Illinois Wrongful Death Claims Work

 Posted on October 30, 2015 in Personal Injury

When a loved one dies too soon, the emotional and financial effects can last for the rest of your life. In Illinois wrongful death suits, the next of kin have the opportunity to collect compensation for the loss of their loved one.

What You Can Recover

While money will never bring back or replace a loved one, it can help ease the financial burden, and it is the only way the law can try to right the wrong that was done to you and your family.

Wrongful death suits may allow the surviving family members to collect damages for:

• Funeral expenses;
• Lost wages;
• Loss of companionship;
• Grief; and
• Mental suffering.

The law is setup so that only the personal representative of a deceased person’s estate can file a lawsuit. Any damages collected are paid out to the next of kin in accordance with state law or any estate plan. The personal representative is often a close family member. Most estate planning documents, such as wills and trusts, will nominate someone to serve as the personal representative.

What Needs to be Proved

Even if a case is settled out of court, a wrongful death claim will only be successful in winning damages if certain key elements can be proved. These elements include:

• The defendant acted negligently or intentionally wrongfully;
• The defendant’s actions were the cause of death; and
• The surviving loved ones suffered damages such as economic loss or mental suffering.

Usually, insurance companies are the ones paying out the damages for a wrongful death suit. Factors such as any contributory negligence on the part of the deceased will play a part in determining how much in damages will be awarded.

If an accident occurred at work, a wrongful death claim may or may not be possible. Often, worker’s compensation death benefits will apply and shield an employer from a lawsuit. It is essential, however, that you get advice from a knowledgeable attorney with a track record of bringing wrongful death cases.

If your loved one was killed in an accident due to someone else’s negligence, please consult with an experienced Lombard, IL personal injury attorney to discuss your rights and possible claims. You may only have a short window to file a claim. Call Mevorah & Giglio Law Offices today to schedule your consultation at 630-932-9100.

Source:

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