When a family member is killed in an accident or due to professional malpractice, Illinois tort law allows the family of a deceased to pursue the responsible party for financial compensation. When one person negligently or intentionally causes another person’s death, the surviving family members of the deceased need to speak to an attorney about how to pursue a wrongful death claim. A wrongful death claim is a remedy that attempts to measure the financial loss that the family will suffer due to the loss.
At Kasan Law, our Chicago and Illinois wrongful death lawyers are available to assist clients in their efforts to hold those liable for their loved ones’ deaths due to negligence. If you lost loved one due to another person or company’s negligence, we invite you to contact our office for a free consultation. All of our Chicago and Illinois wrongful death cases are handled on a contingency fee basis, which means we only receive legal fees if we are successful on your behalf.
Our Chicago and Illinois wrongful death attorneys have experience handling various cases involving wrongful death, including:
Before you can determine whether you have the grounds for a lawsuit, you need to understand what qualifies as wrongful death. Wrongful death is defined as any unintentional action or negligent behavior that results in the death of another person.
In order to receive compensation for the wrongful death, the party initiating the case has the burden of establishing that the party they are suing acted negligently and that their negligence was the proximate cause of their loved one’s death.
Also, for dependents to receive compensation in a wrongful death lawsuit, they must be able to prove that the death of their loved ones caused by another person or entity, and also that the survivors have suffered financial losses as a result.
If the decedent could have filed a legal claim for damages had they survived, a wrongful death lawsuit can be filed. In other words, the individual, public entity, or company that causes the death must have been “at fault” to justify a wrongful death lawsuit. Negligent conduct is frequently the basis for liability in a wrongful death action, but intentional acts, including violent crimes, can also constitute a basis for imposing liability for fatal injuries.
While fault in the form of negligent or reckless conduct will usually be the basis for a wrongful death action, sometimes liability in a wrongful death lawsuit can be based on strict liability. When individuals are exposed to fatal injury because a product is defective, any party in the production or distribution chain can be strictly liable for fatal injuries caused by their product.
Wrongful death lawsuits involve several complex legal issues. The plaintiff must first prove that the defendant is liable for the decedent’s death as a result of negligent or intentional wrongdoing. Once liability is assessed, there are often complex legal issues regarding the appropriate level of compensation that should be awarded.
In a wrongful death action, the plaintiff, including dependents of the deceased, may be entitled to receive compensation for the following:
Many factors determine the amount of compensation recoverable in a wrongful death case, such as the deceased’s age, health, earning capacity, and work experience.
In general, relatives close to the deceased applies for a wrongful death lawsuit. Typically, this is either the decedent’s spouse or adult child. If a minor is a person for whom the wrongful death is being filed, then a parent or guardian generally files.
If a person died without appointing a personal relative, the courts might appoint a personal representative. This representative would then be responsible for pursuing the wrongful death claim and carrying out other tasks related to the estate.
At Kasan Law, we take all personal injury cases on a contingency basis, which means you will not pay any legal fees unless we get you compensation for your case. Our consultations are free and carry no obligations.
As with any personal injury case, you must act quickly to protect your legal rights. If your loved one has been injured as a result of someone else’s negligence, contact our Chicago and Illinois wrongful death attorneys to schedule your free consultation and case review by calling (312) 300-6724, e-mailing us at [email protected], or schedule your consultation online.