Wrongful Death

Illinois, like most states, allows the surviving family members of those who lose their lives as a result of another person’s negligence, to recover damages by filing a wrongful death claim in court. Unfortunately, filing this type of claim can be difficult, especially for those who do not have legal representation, so if you lost a loved one in an accident that was not his or her fault, you should strongly consider contacting an experienced wrongful death attorney who can help protect your interests.

Who Can File a Wrongful Death Claim?

Under Illinois law, plaintiffs can file a wrongful death lawsuit when a relative’s death was the result of someone else’s negligence or wrongful act.

Furthermore, plaintiffs must be able to demonstrate that if the injured party had not passed away as a result of the accident, then he or she would have had standing to file a personal injury claim for damages. However, even if these elements are fulfilled, a wrongful death claim can only be filed by one of a few different individuals, including:

• The deceased party’s surviving spouse;
• The parent of the deceased if the victim was a minor; or
• An adult child of the deceased.

Finally, plaintiffs only have one year from the date of the victim’s death in which to file a wrongful death claim on his or her behalf.

What Damages are Available in a Wrongful Death Case?

Plaintiffs who successfully file a wrongful death claim are eligible to receive a monetary award compensating them for:

• Grief, sorrow, and mental suffering endured by the deceased’s surviving family members;
• Funeral and burial expenses;
• The pain and suffering endured by the decedent prior to his or her death;
• The loss of care or companionship suffered by the decedent’s family;
• The medical costs associated with the decedent’s final illness or injury; and
• The cost of administering the decedent’s estate.

These damages are distributed to the deceased’s surviving spouse or next of kin based on their level of dependency. It is also important to note that if one of the decedent’s beneficiaries contributed in some way to the accident, then the damages that the individual could collect would be diminished in proportion to that person’s percentage of fault. However, if the beneficiary was more than 50% at fault for an accident, then he or she, as well as any other heirs, will be barred from recovering damages at all.

Schedule a Consultation Today

If you recently lost a loved one due to another person’s negligent or unlawful conduct, you need the advice of an experienced wrongful death attorney who can help you hold the at-fault party accountable. To learn more about how a dedicated lawyer can help in your own case, please call Saks, Robinson & Rittenberg, Ltd. at 312-332-5400 today. You can also reach a member of our legal team by sending us an online message containing your contact information and a brief description of your case.