If you’re grappling with the loss of a loved one due to a negligent fatal accident, an Aurora wrongful death lawyer can provide legal assistance for your claim. The wrongful death attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers are committed to representing bereaved families in Aurora and across Illinois.
What Is a Wrongful Death in Aurora?
In Illinois, a wrongful death is defined by the Illinois Wrongful Death Act. This Act states that if an individual’s wrongful death occurs and is caused by wrongful act or negligence, the liable party is subject to legal action.
What Does Not Qualify as a Wrongful Death?
Not all fatal incidents warrant wrongful death claims. For instance, deaths resulting from natural causes, acts of God, or self-inflicted injuries are typically not considered a valid wrongful death case under Illinois law.
How Must a Personal Injury Lawyer Prove Wrongful Death?
To prove wrongful death, an Aurora wrongful death attorney must establish that the defendant’s negligence or reckless action directly led to the victim’s death. This involves demonstrating a duty of care, breach of this duty, causation, and resulting damages.
Common Types of Accidents that Cause Wrongful Deaths in Aurora
- Car accidents
- Motorcycle accidents
- Workplace accidents
- Medical malpractice
- Pedestrian accidents
- Defective product accidents
Who Can Be Held Accountable for a Wrongful Death?
Various parties can be held accountable for a wrongful death, including individuals, companies, or governmental entities. Responsibilities may lie with negligent drivers, employers failing to maintain safe workplaces, manufacturers of defective products, or healthcare professionals committing malpractice.
Who Can File a Wrongful Death Lawsuit?
In accordance with the Illinois Wrongful Death Act, deceased individuals’ “personal representatives” are entitled to file wrongful death lawsuits. The beneficiaries of such lawsuits, however, may differ from the personal representative. Usually, damages can be claimed by surviving family members such as the surviving spouse or nearest relatives. Beneficiaries of the wrongful death action may be eligible to recover wrongful death settlements for funeral and burial expenses, emotional distress, grief, and sorrow.
Who Cannot File a Wrongful Death Claim?
Not everyone can file a wrongful death suit. Unrelated individuals, distant relatives, or friends, regardless of their relationship with the deceased person, are typically not eligible to file such claims to recover compensation in Illinois.
Types of Compensation for Wrongful Death Cases
- Economic Damages: These include quantifiable costs associated with the deceased’s loss, such as lost wages, medical expenses prior to the decedent’s death, and funeral costs.
- Non-Economic Damages: Non-tangible losses, including pain and suffering, loss of companionship, and emotional distress experienced by the survivors.
- Punitive Damages: These are awarded in cases of severe negligence to punish the responsible party and deter similar future behavior.
Contact a Aurora Wrongful Death Lawyer Today
During a free initial consultation with our Aurora wrongful death lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers, we will review your case, answer your questions, and discuss potential legal strategies to seek compensation in your personal injury lawsuit.
Our wrongful death attorneys work on a contingency fee basis, meaning you pay no upfront fees. Our payment comes from a portion of the settlement or trial verdict we obtain on your behalf. If we don’t win your case, you don’t owe us anything. We believe in making legal representation accessible and risk-free.