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
What Is a Wrongful Death?
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.
What is NOT a Valid Wrongful Death Case?
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:
Natural Causes: If an individual dies of old age or a long-term illness, this is not considered a wrongful death. Even if the medical treatment was not successful, it does not automatically equate to negligence.
Self-inflicted Harm: If the deceased person’s death was a result of their own actions or self-harm, it is generally not considered a wrongful death.
Informed Consent: According to the Illinois Medical Patient Rights Act, if a person passes away from known risks associated with a medical procedure they consented to, it may not be a wrongful death.
Workplace Accidents under Workers’ Compensation: In most cases, if a person dies due to a workplace accident, the case is generally handled under instead of wrongful death laws.
How Much Time Do I Have to File a Wrongful Death Lawsuit?
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.
Common Types of Accidents that Cause Wrongful Death in Tinley Park, Illinois
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.
Who Can Be Held Accountable for a Wrongful Death?
In a wrongful death lawsuit, numerous entities can be held liable for the fatal injuries depending on the specific circumstances of the negligent actions:
Individuals: If an individual’s negligent or intentional actions result in death, they can be held accountable.
Businesses: Companies may be held liable for wrongful death if their negligence leads to a fatality.
Government Agencies: In certain cases, government entities may be held accountable.
Medical Personnel: Medical professionals can be held liable if it can be proven that their negligence directly caused a patient’s death.
Types of Compensation for Wrongful Death Cases in Tinley Park, IL
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.
Who Can File a Wrongful Death Lawsuit?
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.
Who Cannot File a Wrongful Death Claim in Illinois?
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.
What Is My Case Worth?
The worth of a wrongful death lawsuit primarily depends on several factors that determine the amount of compensation the claimant is entitled to.
Economic Damages: These are measurable losses that can be objectively calculated. They encompass medical expenses, funeral costs, loss of the deceased person’s income, potential inheritance loss, and other financial losses directly tied to the death.
Non-Economic Damages: These are intangible losses, such as emotional distress, loss of consortium or companionship, and suffering endured by surviving family members.
The extent of Negligence: The defendant’s negligence level affects the case value. Proving significant negligence or intentional actions by the responsible party can result in higher compensation.
Financial Condition of Defendant: The financial condition of the responsible person or entity can impact the value of a wrongful death case. The defendant’s ability to pay may affect the awarded compensation.
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.
Contact a Tinley Park Wrongful Death Lawyer Today
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.