A tragic accidental or sudden death of a family member or your loved one in a car crash, nursing home or hospital can turn your world upside down within seconds – leaving you desperate to seek help and find answers to uncover what led to your loved ones demise. You will need a skilled personal injury and wrongful death lawyer to help you ease your pain and find much needed answers.
Who Is Qualified To Recuperate?
The right to bring a wrongful death lawsuit against the defendant lies in the Illinois Wrongful Death Act in the Illinois Compiled Statutes. This Act allows family members of the victims to seek the right to recover monetary compensation. The children or spouse for the recovery of damages can file a lawsuit. In the absence of spouses or surviving children, other relatives, such as the parents or siblings of the deceased, may file the lawsuit. The suit is filed or brought against by the estate’s representatives on behalf of the family of the deceased.
When can the lawsuit be filed?
Lawsuits for wrongful deaths can be brought in any case of negligence, improvidence, or thoughtlessness. Such deaths can be caused by medical malpractice, car and truck accidents fatalities that involve negligence, injuries caused during birth, or using defective products and drunk driving. Certain individuals, corporations and some municipalities can be held liable for the death, as governed by the Code of Criminal Procedure, based on Statutory Laws of the State of Illinois.
Recoverable Damages
Under the Illinois Wrongful Death Act, parties (the plaintiffs), with the help of an experienced attorney, can or may recover monetary or financial compensation for losses such as:
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Medical costs of the deceased victim for the injuries prior to his or her death
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Funeral and burial costs
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Loss of inheritance as a result of the death
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Loss of financial support
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Value of the services that the deceased would have provided
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Loss of companionship and parental guidance that the deceased would have provided
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Punitive damages, in some limited cases
The damages recovered in the lawsuit are distributed among the parties by the court, according to the dependency on the decedent’s support. The decision of this distribution is left to the court’s discretion.
If you lost your loved ones in a wrongful death incident and wish to know about how to pursue your claim for compensation, contact the offices of Mary Ann Covone at (708) 246-4911 to schedule a free consultation with an experienced personal injury lawyer.