Have you tragically lost a loved one in an accident due to someone else’s negligence in Lombard? Our personal injury law office, The Kryder Law Group, LLC Accident and Injury Lawyers, is here to assist you. You will work with a Lombard 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?
The Illinois Wrongful Death Act (740 ILCS 180/) stipulates a person’s death is considered wrongful if it was caused by the “wrongful act, neglect or default” of another party. This means that a death can be classified as wrongful if it was caused by someone else’s intentional actions, negligence, or failure to act.
How Do Illinois Wrongful Death Lawyers Prove Wrongful Death Claims?
Wrongful death attorneys must prove four elements in order bring Illinois wrongful death lawsuits:
- The defendant was responsible for the deceased’s safety, which included legal duties like following traffic laws or ensuring safe work conditions.
- The defendant did not meet the required standard of care, breaching their duty.
- This breach of duty directly caused the individual’s death.
- The surviving family members suffer emotionally and financially because of the loss of their loved one.
Common Types of Accidents that Cause Wrongful Death in Lombard, Illinois
Some kinds of accidents that could cause wrongful death include:
- Negligent drivers are responsible for causing fatal motor vehicle accidents.
- Truck accidents frequently result in fatalities due to the significant size and weight disparities between passenger vehicles and semi-trucks.
- Medical malpractice arises when healthcare providers fail to deliver an acceptable standard of care.
- Employers have a legal obligation to ensure safe working conditions to prevent fatal workplace accidents.
- Abuse and neglect in nursing homes can lead to the death of elderly residents.
- Defective products, such as malfunctioning machinery or hazardous pharmaceuticals, can result in fatal accidents.
Who Can Be Held Accountable for a Lombard Wrongful Death?
In wrongful death cases, the responsible party can include:
- Individuals: those whose negligent or intentional actions caused the death.
- Corporations: companies liable due to negligence or product issues.
- Medical professionals and facilities: liable for medical malpractice.
- Employers: when death results from unsafe working conditions.
What Damages Can Be Recovered in a Wrongful Death Case?
In a wrongful death claim, damages may be available for:
- Medical bills emassed prior to death
- Funeral and burial expenses
- Lost wages and benefits from the deceased’s job
- Loss of financial support from the deceased
- Loss of companionship, guidance, and emotional support
Who Can File a Wrongful Death Lawsuit?
Under Illinois law, only the personal representatives of a deceased person’s estate can file a wrongful death lawsuit.
Typically, this is a close family member, like a spouse, adult child, or parent. If there is no spouse or children, a sibling or other relative may be appointed by the court. Compensation from the lawsuit is intended for the deceased’s surviving spouse and next of kin, not the personal representative.
Contact a Lombard, IL Wrongful Death Attorney Today
Wrongful death occurs unexpectedly, leaving families feeling confused and overwhelmed. At The Kryder Law Group, LLC Accident and Injury Lawyers, our compassionate Lombard wrongful death lawyers will help you through this difficult time while working diligently for the compensation your family deserves.
Call for a Free Consultation
Contact us today to schedule a free consultation with an experienced wrongful death attorney and learn more about how we can assist you in managing your wrongful death suit.
Illinois has a statute of limitations for wrongful death and other personal injury cases, so act quickly. Our local Lombard legal team of wrongful death lawyers stands ready to help you and your family seek justice and fair compensation.
(312) 223-1700