A wrongful death is a tragic event that can occur as a result of someone else’s negligence or intentional actions. Losing a loved one due to wrongful death action or the careless or reckless behavior of another person can be emotionally devastating and overwhelming. In such difficult times, seek justice for your loved one and hold the responsible parties accountable by contacting an Aurora wrongful death lawyer at our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers.
What Is a Wrongful Death in Illinois?
In Illinois, a wrongful death is defined as a death that occurs due to the wrongful act, neglect, or default of another. The Illinois Wrongful Death Act (740 ILCS 180/) allows the deceased’s survivors to file wrongful death lawsuits against those responsible for the death. Had the deceased person lived, they would have been eligible to file a personal injury lawsuit.
What Does Not Qualify as a Wrongful Death?
Not every death qualifies for a wrongful death suit. The deceased’s survivors cannot file a wrongful death lawsuit if the person died due to natural causes, such as illness or old age. Additionally, deaths from an accident that was no one’s fault are also not considered wrongful deaths.
Who Can File a Wrongful Death Lawsuit?
Under Illinois law, wrongful death claims can be filed by the deceased’s “personal representative.” If a will designates an executor, that individual becomes the personal representative. Without a will, or if it’s invalid, the court appoints an administrator, typically a close relative such as a surviving spouse or offspring.
Immediate family members—spouse, children, parents, siblings—are entitled to sue in Illinois, and under certain conditions, extended family might also seek wrongful death settlements.
Who Cannot File a Wrongful Death Claim?
Under Illinois law, individuals who are not related to the deceased person by blood, marriage, or adoption do not have the legal standing to file a wrongful death lawsuit. This includes in-laws, nieces, nephews, and other extended family members.
Types of Damages Available in a Wrongful Death Lawsuit
Survivors can claim economic and non-economic damages in a wrongful death lawsuit. Economic damages cover financial losses like medical bills, funeral expenses, and lost income. Non-economic damages address intangible losses like emotional distress, and loss of companionship or guidance.
How Must a Personal Injury Lawyer Prove Wrongful Death?
To prove a wrongful death case, an Aurora wrongful death attorney must establish the following:
- The death of an individual occurred
- The death was caused by the defendant’s negligence or intentional actions
- Surviving family members have suffered monetary damages as a result of the death
Common Types of Accidents that Cause Wrongful Death in Aurora
Wrongful death cases commonly occur from:
- Car accidents
- Motorcycle accidents
- Commercial vehicle accidents
- Medical malpractice
- Workplace accidents
- Defective products or drugs
Who Can Be Held Accountable for a Wrongful Death?
Anyone responsible for your loved one’s death could be liable in a wrongful death lawsuit, including individuals, companies, or government entities. For instance, if a drunk driver caused a car accident that killed your family member, both the driver and the establishment serving them alcohol might be held accountable by wrongful death attorneys.
Who Cannot Be Held Liable for a Wrongful Death in Illinois?
There are cases where parties aren’t liable for a wrongful death. For example, if the deceased was partly at fault, compensation might be lessened according to their fault percentage. Also, criminal acts leading to death don’t always qualify.
Call The Kryder Law Group, LLC Accident and Injury Lawyers
Losing a loved one is never easy, and it can be even harder to deal with when their death was caused by someone else’s negligence or wrongdoing. At The Kryder Law Group, LLC Accident and Injury Lawyers, our Aurora wrongful death lawyers understand the emotional toll of losing a family member and are dedicated to helping you seek justice for your loved one.
(312) 223-1700