When someone dies due to another’s negligence or intentional actions, it’s considered wrongful death. This tragedy can deeply affect the victim’s family emotionally and financially.
If you’ve lost a loved one because of someone else’s negligence, a Palatine wrongful death lawyer from The Kryder Law Group, LLC Accident and Injury Lawyers can help you seek justice and compensation.
What is Wrongful Death in Palatine?
By law, the Illinois Wrongful Death Act (740 ILCS 180/) a wrongful death is any death caused by someone else’s wrongful act, neglect, or failure.
Essentially, if someone’s actions or lack thereof lead to another person’s death, it may be considered a wrongful death case.
Finally, if the deceased person had lived they would have filed a civil lawsuit for personal injury.
What Do Not Qualify as Wrongful Death Claims?
It’s important to note that not all deaths or accidents qualify as wrongful death. For instance, deaths from natural causes or personal negligence don’t usually fall into this category. Also, if the deceased is found partly responsible for their own death fatal injuries, any compensation for surviving family members might be reduced.
How Must a Palatine Wrongful Death Attorney Prove Wrongful Death?
To file a wrongful death claim, an experienced wrongful death attorney must prove that someone else’s negligence or intentional actions caused the death. This involves proving four key elements:
- Duty of Care: The defendant owed a duty of care to the deceased.
- Breach of Duty: The defendant failed to meet this duty through their actions or lack thereof.
- Causation: This failure directly led to the death.
- Damages: The death resulted in financial and emotional losses needing compensation.
Common Types of Accidents that Justify a Wrongful Death Suit in Palatine, IL
Some common types of accidents that justify a wrongful death claim may include:
- Car accidents, which often result from negligent driving.
- Medical malpractice, involving errors by healthcare professionals.
- Workplace incidents, where safety breaches or accidents occur.
- Criminal acts, encompassing a range of illegal activities that can lead to personal and property damage.
Who Can Be Held Accountable in Wrongful Death Lawsuits?
Depending on the situation, at-fault parties can include:
- Individuals: For example, a reckless driver or negligent doctor directly causing the death.
- Companies or Organizations: Employers can be liable if an employee’s actions result in death.
- Government entities: If a government employee, like a police officer, is involved, the government may be responsible.
Types of Compensation for Wrongful Death Cases
In a wrongful death case, you may be entitled to compensation such as:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of income and benefits that the deceased would have earned
- Loss of love, companionship, and guidance
- Pain and suffering of the deceased before death
- Punitive damages, if applicable
Who Can File a Wrongful Death Lawsuit?
In Illinois, only certain family members or representatives of the deceased person’s estate can file a wrongful death lawsuit. These individuals include:
- Spouse and children
- Parents of unmarried children
- Next of kin if there are no surviving spouses, children, or parents
- Personal representative of the deceased’s estate
How Long Do I Have to File a Wrongful Death Suit?
In Illinois, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death.
Call The Kryder Law Group, LLC Accident and Injury Lawyers Today
If you suspect a wrongful death caused by someone’s actions, get in touch with our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers.
Our compassionate and experienced Palatine wrongful death lawyers will advocate for justice on your behalf and support you during this tough time.
Schedule a Free Consultation
Reach out for a free consultation with one of our experienced wrongful death attorneys to consider your legal options.
(312) 223-1700