Losing a loved who suffered fatal injuries due to negligent acts is tragic and heart-wrenching. At the law firm, The Kryder Law Group, LLC, Accident and Injury Lawyers, our dedicated wrongful death attorneys strive for justice, providing compassionate legal support to families in Bolingbrook, IL and across the state.
What Is a Wrongful Death in Illinois?
A wrongful death case in Illinois is legally defined in the Wrongful Death Act (740 ILCS 180/) as a death caused by “wrongful act, neglect, or default” where, if death had not ensued, the person injured could have recovered damages with a personal injury case.
What Does Not Qualify as a Wrongful Death?
Not all accidental or unexpected deaths qualify as wrongful deaths. Incidents where no party can be held legally responsible, such as natural disasters, typically do not meet the criteria for a Bolingbrook, IL wrongful death claim.
How Must a Personal Injury Lawyer Prove Wrongful Death?
To substantiate a wrongful death claim, a Bolingbrook wrongful death attorney must demonstrate four key elements:
- duty of care owed by the defendant,
- breach of that duty,
- direct causation of death due to breach, and
- quantifiable damages incurred as a wrongful death damages a result.
Common Types of Accidents that Cause Wrongful Death in Bolingbrook
- Motor Vehicle Accidents: Often caused by reckless driving, intoxication, or distraction.
- Medical Malpractice: Could result from surgeon errors, misdiagnosis, or pharmaceutical mishaps.
- Workplace Accidents: Typically in construction industries, mining, or factory settings.
- Product Liability: Deaths due to faulty products or inadequate safety warnings.
- Premises Liability: Usually occur due to property owner negligence, such as unsafe buildings.
Who Can Be Held Accountable for a Wrongful Death?
In wrongful death cases, the responsible party may vary. Examples include reckless drivers, a drunk driver, a negligent doctor, a careless employer, a product manufacturers lacking proper safety measures, and a property owner failing to maintain safe premises.
Who Cannot Be Held Liable for a Wrongful Death in Illinois?
Certain parties enjoy immunity against wrongful death claims in Illinois, including government entities, companies following safety regulations, and individuals acting in self-defense.
Who Can File a Wrongful Death Lawsuit?
Under Illinois Law (740 ILCS 180/0.01, et al.), when wrongful death occurs, personal representatives of the decedent’s estate may initiate wrongful death lawsuits.
However, the individuals eligible for compensation may differ. Generally, the deceased’s surviving spouse and next of kin can obtain damages under the Wrongful Death Act, compensating for financial losses and emotional distress.
Who Cannot File a Wrongful Death Claim?
Not all individuals are eligible to file a wrongful death claim. This includes distant relatives, uninvolved parties, and those without a legal relationship to the deceased.
What Is My Case Worth?
A Bolingbrook, IL wrongful death attorney assesses the value of a personal injury claim based on factors like the medical bills and expenses, loss of income, funeral and burial expenses, and the emotional distress experienced by the surviving family members.
Contact a Bolingbrook Wrongful Death Lawyer Today
If you have lost a loved one due to negligence in Bolingbrook, IL or elsewhere in Illinois, contact The Kryder Law Group, LLC Accident and Injury Lawyers today.
Our skilled wrongful death lawyers will provide compassionate legal support while pursuing justice for your family member’s untimely death. Schedule a free consultation with our experienced team to discuss the details of your loved one’s death case and explore possible avenues to recover compensation.
(312) 223-1700