The law firm, The Kryder Law Group, LLC Accident and Injury Lawyers understands the deep pain and confusion that engulfs families following a loved one’s death due to someone else’s negligence. Our dedicated team of wrongful death attorneys stands ready to guide you through the complex legal process to hold the at fault party accountable and to gain the fair compensation you deserve.
In this Article
What Is a Wrongful Death in Illinois?
According to the Illinois Wrongful Death Act, a wrongful death is a fatality caused by misconduct or negligence of another party. If the victim had lived, they would have been able to seek damages in a personal injury lawsuit against the responsible party.
In a wrongful death case, certain surviving family members can file a suit on behalf of the deceased for damages and financial losses. Families of victims can pursue compensation for their loss, including damages for grief, sorrow, and mental suffering.
Types of Wrongful Death Cases
Some common types of wrongful death cases include
Medical Malpractice: Negligent healthcare leading to patient’s death.
Product Liability: Death caused by defective or unsafe products.
Motor Vehicle Accidents: Fatal incidents involving cars, trucks, or motorcycles.
Workplace Accidents: Fatal accidents happening in a work environment.
Premises Liability: Death due to the negligence of a property owner.
Nursing Home Neglect: Elderly fatalities from care facility negligence.
What Does Not Qualify as a Wrongful Death?
By Illinois law, not every death occurring due to an accident qualifies as a wrongful death. If the person at fault did not act negligently or intentionally, it does not constitute a wrongful death.
Examples include unavoidable auto accidents, natural disasters, or health-related deaths not directly caused by malpractice.
Understanding these nuances is crucial in a wrongful death claim and our experienced Chicago wrongful death lawyers can help determine if your case qualifies as a wrongful death case.
What Must Romeoville, Illinois Personal Injury Lawyers Prove in Wrongful Death Lawsuits?
To win a wrongful death lawsuit in Romeoville, Illinois, personal injury lawyers must show evidence to establish several key points:
Duty of Care: The defendant had a legal responsibility to ensure the victim’s safety.
Breach of Duty: The defendant failed to uphold this duty.
Causation: This failure directly resulted in the death of the victim.
Damages: The victim’s death caused quantifiable harm to the surviving family members.
Common Types of Accidents that Cause Wrongful Death in Romeoville, IL
Motor Vehicle Accidents: High-speed collisions often result in fatal injuries, marking the leading cause of wrongful death.
Pedestrian Accidents: Pedestrians hit by vehicles may suffer severe, often deadly, injuries due to the impact.
Workplace Accidents: Industrial and construction sites pose high risks, leading to numerous wrongful death cases.
Medical Malpractice: Errors in medical treatment or diagnosis can lead to preventable fatalities.
Defective Products: Faulty goods can cause tragic accidents, resulting in wrongful death claims.
Premises Liability: Unsafe property conditions can lead to fatal accidents, invoking wrongful death litigation.
Nursing Home Abuse: Elderly exploitation through physical harm, neglect, and emotional torment by staff members or others..
Who Can Be Held Accountable for a Wrongful Death?
According to the Illinois Wrongful Death Act, a variety of individuals or entities can be held accountable for a wrongful death.
The responsible party could be an individual whose negligence caused an accident, a company whose defective product resulted in a fatality, or a healthcare provider that failed in their duty of care, leading to a patient’s death.
Furthermore, a third-party lawsuit may recover damages when someone, not the employer, significantly contributes to a workplace death due to negligence or a wrongful act.
Every case is unique, so it’s crucial to consult with a knowledgeable personal injury attorney who can accurately identify the parties accountable in your case.
Who Cannot Be Held Liable for a Wrongful Death?
Individuals who cannot be held liable for a wrongful death include those who are not directly responsible for the incident. These often include witnesses to the accident, those who attempted to aid the victim, and individuals who may be indirectly involved but did not contribute to the negligent or intentional act that led to the person’s death.
Types of Compensation for Wrongful Death Cases
Economic Damages: Covers loss of financial support, including potential earnings.
Non-Economic Damages: For sorrow, grief, and mental suffering experienced.
Punitive Damages: Punishes the defendant for their negligent or reckless actions.
Consortium Loss: Compensates for loss of companionship, care or protection.
Medical Bills: Reimburses expenses for the deceased’s final health care.
Funeral Expenses: Provides funds for burial or cremation and funeral services.
Inheritance Losses: Covers what the deceased could have saved and left behind.
Loss of Services: Compensates for services the deceased provided, like childcare.
Who Can File a Wrongful Death Lawsuit?
According to the Illinois Wrongful Death Act, the personal representative of the deceased individual’s estate can file a wrongful death lawsuit. This could be a surviving spouse, adult child, or parent, if the deceased was a minor.
The representative seeks damages on behalf of the surviving family members who suffered direct losses due to the death. For comprehensive understanding of legal representation and assistance, please visit The Kryder Law Group, LLC Accident and Injury Lawyers website for more resources and to schedule a free consultation with our wrongful death attorneys.
Who Cannot File a Wrongful Death Claim?
Individuals who cannot file a wrongful death claim are those without a direct relationship with the deceased, such as distant relatives, friends, or acquaintances. The law stipulates that only the personal representative of the deceased’s estate, usually a close family member, can initiate this legal process.
What Is My Case Worth?
The value of a wrongful death case in Romeoville, Illinois, varies on a case-by-case basis. Several key factors are considered by wrongful death attorneys when evaluating a case:
The Age of the Deceased:
Younger victims may have had more earning potential, which can increase the value of a wrongful death claim.
The Health of the Deceased:
If the victim was in good health prior to the accident, the defendant’s negligence may be viewed as more damaging, leading to a higher claim value.
The Income of the Deceased:
If the victim was the primary earner in their household, the financial damages from their death could be substantial.
The Victim’s Dependents:
The number and ages of the victim’s dependents (e.g., minor children) can also affect the claim’s value.
Pain and Suffering:
The level of emotional trauma experienced by the family members can significantly impact the amount of non-economic damages awarded.
The Degree of Fault:
If the defendant is found to be entirely at fault, the claim value could be higher. However, if the victim shared a percentage of the blame, the damages could be reduced proportionately.
Each wrongful deaths case is unique and requires a thorough analysis. A knowledgeable Romeoville, IL wrongful death attorney will take these factors into account to give you an accurate estimate of what your case might be worth.
Contact a Chicago Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence, take immediate action by reaching out to the law offices of The Kryder Law Group, LLC Accident and Injury Lawyers.
We offer a free consultation where we evaluate your case, provide legal counsel, and outline a strategic course of action tailored to your situation. We understand the financial stress during this challenging time, hence we operate on a contingency basis; you pay nothing unless we secure a settlement or verdict in your favor. Your fight for justice shouldn’t be burdened by legal fees.
Contact us today and let us seek financial compensation your family deserves.