A wrongful death attorney from the law firm of The Kryder Group, LLC Accident and Injury Lawyers represents families in cases where someone’s death is caused by another party’s negligence or intentional actions.
Families of the deceased may seek compensation for expenses like medical bills, funeral costs, lost wages, and emotional distress. Our attorneys understand personal injury law, and can navigate the legal system, gather evidence, negotiate with insurers, and can take cases to trial if necessary.
Our goal is to bring justice and recover financial compensation for grieving families.
In this Article
Wrongful death is defined under the Illinois Wrongful Death Act (740 ILCS 180). Under this act, if a person’s death resulted from a wrongful act, neglect, or default, and they would have had the opportunity to seek damages in a personal injury claim in court had they survived, the responsible party can be held liable in a wrongful death claim.
Not every sudden or unexpected death is automatically considered a wrongful death under Illinois law. Here are a few examples of situations that are generally not valid wrongful death cases:
In Illinois, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased person’s death with certain exceptions.
In Tinley Park, IL, many types of serious injuries can lead to wrongful death claims. These include, but are not limited to, a car accident, a motorcycle accident, a truck accident, pedestrian accidents, bicycle accidents, construction accidents, and medical malpractice.
In each of these situations, if the harm to a personal injury victim was caused by someone else’s negligence or intentional act and it resulted in a fatality, it may be grounds for a wrongful death claim.
In a wrongful death lawsuit, numerous entities can be held liable for the fatal injuries depending on the specific circumstances of the negligent actions:
The surviving family members of the deceased person are typically entitled to compensation for their losses in a personal injury claim.
Economic damages are tangible financial losses linked to the death. These include medical costs incurred prior to the death, funeral and burial expenses, loss of future earnings and other lost income of the deceased person, loss of benefits, and loss of inheritance. These are calculable losses that the family suffers due to the fatal injuries of their loved one.
Non-economic damages, on the other hand, are intangible losses that don’t have a clear-cut monetary value but significantly affect the lives of the surviving loved ones. They include pain and suffering, mental anguish, loss of companionship, and loss of consortium. These damages aim to provide compensation for the emotional turmoil and life disruption caused by the loss of a loved one.
Under Illinois Wrongful Death Act, a wrongful death lawsuit can be filed by the personal representative of the deceased’s estate. This representative may be an executor named in the deceased’s will or an administrator appointed by the court.
If there is no estate plan or will, the court typically appoints the closest relative as the personal representative, such as a surviving spouse, adult child, or parent if the deceased was a minor. Damages awarded in these kinds of personal injury claims benefit the surviving spouse and next of kin.
In Illinois, only the personal representative of the deceased’s estate, typically a close relative like a spouse, adult child, or parent, can file a wrongful death lawsuit.
Distant relatives, unmarried partners, and friends are generally not eligible. An experienced personal injury lawyer can address questions of eligibility for filing this type of personal injury case.
The worth of a wrongful death lawsuit primarily depends on several factors that determine the amount of compensation the claimant is entitled to.
It’s important to note that every wrongful death case is unique, and the potential worth of a case should be discussed with an experienced personal injury attorney.
If you have suffered the loss of a loved one due to someone else’s negligence, it’s crucial to have strong legal representation on your side to navigate the legal process. The wrongful death lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers bring knowledge and compassion to each case we handle to recover compensation for families after a loved one’s death.
Call today for a free consultation to discuss your case, understand your legal options, and decide on the best course of action, all without any financial commitment.