If you have tragically lost a loved one in an accident due to someone else’s negligence in Crystal Lake, our personal injury law office, The Kryder Law Group, LLC Accident and Injury Lawyers is here to assist you. You will work with a Crystal Lake wrongful death lawyer from our law firm, who has vast experience handling wrongful death cases for families whose loved ones have been killed.
What Is a Wrongful Death in Illinois?
According to the Illinois Wrongful Death Act (740 ILCS 180/), wrongful death is defined as “the death of a person caused by the negligent or wrongful act of another.”
This means that if someone’s death was caused by the negligence or intentional actions of another individual, their surviving family members may be able to bring wrongful death claims against the responsible party.
How Do IL Wrongful Death Lawyers Prove a Wrongful Death Claim?
Wrongful death attorneys must prove four elements in order bring Illinois wrongful death lawsuits:
- The defendant had a duty of care to the deceased, involving legal obligations like obeying traffic laws or ensuring safe work conditions.
- The defendant failed to meet the expected standard of care, breaching their duty.
- The breach of duty directly led to the individual’s death.
- Surviving family members endure emotional and financial damages due to a loved one’s death.
Common Types of Accidents that Cause Wrongful Death in Crystal Lake, Illinois
Some common types of accidents that could result in wrongful death claims include:
- Negligent drivers cause fatal motor vehicle accidents.
- Truck accidents often result in fatal crashes due to the size and weight differences between passenger cars and semi-trucks.
- Medical malpractice occurs when healthcare providers do not provide acceptable standard of care.
- Employers are legally required to provide safe working conditions to prevent fatal workplace accidents.
- Nursing home abuse and neglect can result in the death of elderly residents.
- Defective products, such as malfunctioning machinery or dangerous pharmaceuticals, can lead to fatal accidents.
Who Can Be Held Accountable for a Crystal Lake Wrongful Death?
The responsible party in a wrongful death case can vary; they include:
- Individuals: the person whose negligent or intentional actions caused the death.
- Corporations: companies accountable through negligence or product liability.
- Medical professionals and facilities: liable in cases involving medical malpractice.
- Employers: If an individual’s death occurred because of unsafe working conditions.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
In a personal injury lawsuit, family members may recover damages for:
- Funeral and burial costs
- Medical bills for the victim’s last injury or illness
- Loss of financial support, lost wages, and future earnings
- Loss of companionship, guidance, and care
- Emotional pain and suffering from their loved one’s death
Who Can File a Wrongful Death Lawsuit?
In Illinois, the law outlines who has the authority to file a wrongful death lawsuit. Generally, this responsibility is assigned to the personal representative of the deceased person’s estate. This representative may be named in the deceased’s will or appointed by the court if no such person is specified. Immediate family members, such as the spouse, children, or parents of the deceased, are typically eligible to take legal action and receive any awarded damages.
Contact a Crystal Lake, IL Wrongful Death Attorney Today
If you’ve lost a loved one, our experienced Crystal Lake personal injury lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers are here to help. We understand the emotional trauma of losing a family member, especially when their death was preventable.
Call for a Free Consultation
We provide a free initial case evaluation with an experienced wrongful death attorney to discuss your legal options and to answer your questions.
Time is crucial, so act quickly. Our local Crystal Lake legal team of wrongful death lawyers stands ready to help you and your family seek justice and fair compensation.
(312) 223-1700