Losing a loved one due to someone else’s negligence is devastating. If another party caused your loved one’s death, you may have grounds for a wrongful death claim, so help from an Addison wrongful death lawyer will be key to holding the responsible party accountable. The compassionate attorneys in our personal injury law firm, The Kryder Law Group, LLC Accident and Injury Lawyers stand ready to provide legal representation for you.
What is Wrongful Death?
Under Illinois law, wrongful death occurs when someone dies because of someone else’s negligent, reckless, or intentional actions. If the victim had lived, they would have had a personal injury claim against the responsible party.
What Is a Wrongful Death in Illinois?
According to Illinois’ Wrongful Death Act (740 ILCS 180/), wrongful death occurs when someone dies because of another person’s misconduct or negligence. This can result in wrongful death claims for medical malpractice, car accidents, workplace accidents, or criminal acts.
How Must an Addison Personal Injury Lawyer Prove Wrongful Death?
Experienced attorneys prove four elements in wrongful death cases:
- Duty of care: The defendant had a legal duty of care towards the deceased, requiring reasonable care and caution.
- Breach of duty: The defendant breached their duty of care.
- Causation: The breach of duty led to the victim’s death.
- Damages: The death caused damages, such as financial loss or emotional pain.
Common Types of Accidents that Cause Wrongful Death in Addison, IL
Common kinds of accidents that result in wrongful death include:
- Car Accidents: Careless behavior like reckless driving, drunk driving, and speeding, for example.
- Truck Accidents: Large commercial trucks can cause devastating accidents due to their size and weight.
- Medical Malpractice: Negligence or errors made by medical professionals can lead to wrongful death.
- Workplace Accidents: Dangerous working conditions or lack of proper safety measures can result in deadly accidents.
Who Can Be Held Accountable in Addison Wrongful Death Lawsuits?
Liable parties in wrongful death claims could include:
- Individuals responsible for causing death can include negligent drivers or doctors guilty of medical malpractice.
- Employers may be liable for wrongful death if their employees’ actions cause a victim’s death.
- Government entities can be held accountable in a wrongful death case.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Though money can never truly compensate for losing a loved one, a wrongful death lawsuit can offer financial stability and ensure those at fault are held accountable. Depending on the specifics of a personal injury case, recoverable damages may include:
- Funeral and burial expenses
- Medical bills related to the deceased person’s final injury or illness
- Loss of future income
- Loss of companionship and support
Who Can File a Wrongful Death Lawsuit?
In Illinois, the law specifies who has the right to file a wrongful death lawsuit. Usually, the task of handling a deceased person’s estate falls to a personal representative. This person might be named in the will, or if not, appointed by the court. Often, the immediate family members—like a surviving spouse, children, or parents—are the ones who can receive any awarded damages.
Contact an Addison Wrongful Death Attorney Today
If you’ve lost a loved one due to another’s negligence, the compassionate wrongful death lawyers in our law firm, The Kryder Law Group, LLC, Accident and Injury Lawyers, are here to guide you through the legal process and passionately fight for justice on your behalf.
Call for a Free Consultation
Our legal team invites you to a no-obligation consultation with a skilled wrongful death attorney. Let us review your situation, explore your legal options, and answer your questions. Reach out today to take the first step towards getting the support you deserve.
Time is crucial, so act quickly. Our Addison wrongful death lawyers stand ready to help you and your family seek justice and maximum compensation.
(312) 223-1700