If you and your family have suffered the tragic loss of a loved one due to someone else’s negligence, you may be entitled to compensation. A Wheeling wrongful death lawyer from our personal injury law firm, The Kryder Law Group, LLC Accident and Injury Lawyers has in-depth experience with Illinois law and can help you with a wrongful death claim.
What Is a Wrongful Death in Illinois?
According to Illinois’ Wrongful Death Act (740 ILCS 180/), a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another person’s negligence. This includes deaths that result from accidents, medical malpractice, and intentional acts such as assault or murder.
How Must a Personal Injury Lawyer Prove Wrongful Death?
A personal injury lawyer must prove four elements in order to establish wrongful death claims:
- Duty of care: The defendant had a legal duty of care towards the deceased, requiring reasonable care and caution.
- Breach of duty: The defendant breached their duty of care.
- Causation: The breach of duty led to the victim’s death.
- Damages: The death caused damages, such as financial loss.
Common Types of Accidents that Cause Wrongful Death in Wheeling, IL
Common kinds of accidents that could cause wrongful death include:
- Motor vehicle accidents such as car accidents, motorcycle accidents, or others.
- Truck Accidents: Large commercial trucks can cause devastating accidents due to their size and weight.
- Medical Malpractice: Negligence or errors made by medical professionals can lead to wrongful death.
- A Workplace Accident: Dangerous working conditions or lack of proper safety measures can result in deadly accidents.
- Nursing Home Abuse: Neglect or abuse in nursing homes can lead to the death of residents.
Who Can Be Held Accountable for a Wheeling Wrongful Death?
Parties that could be held accountable for a Wheeling wrongful death include:
- Individuals: Anyone who caused the death through their actions or negligence can be held accountable.
- Companies: Employers may be held responsible for wrongful death if they failed to provide a safe working environment.
- Government agencies: If a government agency’s negligence led to the death, they can be held liable.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Wheeling wrongful death lawyers can pursue compensation for another person’s negligent act such as:
- Economic damages: These include medical expenses, lost income, and funeral expenses.
- Non-economic damages: Intangible losses such as pain and suffering, loss of companionship, and emotional distress.
- Punitive damages: In some cases, the court may award punitive damages to punish the defendant for their reckless or intentional actions.
Who Can File Wrongful Death Lawsuits in Wheeling, Illinois?
Illinois law specifies who has the right to file a wrongful death lawsuit. Usually, it’s the personal representative of the deceased’s estate who takes on this important responsibility. Whether named in the will or appointed by the court, this representative plays a crucial role.
Typically, immediate family members—like the spouse, children, or parents—are the ones eligible to make personal injury claim and receive awarded damages.
For a clear understanding of your rights, Wheeling personal injury lawyers can be an invaluable guide.
Contact Our Wheeling Wrongful Death Attorneys Today
If you’ve lost a loved one due to the acts of a negligent party, a compassionate Wheeling wrongful death attorney at The Kryder Law Group, LLC, Accident and Injury Lawyers is here to stand by your side.
Call for a Free Consultation
We offer a no-obligation consultation with a skilled wrongful death attorney who can review your situation, explain your legal options, and answer your questions.
Time is crucial, so don’t delay. Schedule your consultation now and let us help you seek the justice and compensation your loved one deserves.
(312) 223-1700