Wrongful Death Claims: What You Need to Know to Seek Justice

 Posted on February 09, 2023 in Wrongful Death

The death of a loved one is always a difficult time for family and friends. Unfortunately, when the death was caused by the negligence or misconduct of another person, it can be even more devastating. In these cases, families may have the right to seek justice through a wrongful death claim.

Wrongful Death Claims Explained

Wrongful death claims are civil lawsuits that allow surviving family members and dependents to recover compensation for their losses due to the death of their loved one. These claims are typically brought against individuals who knowingly or negligently caused the death of another person.

You may be able to file a wrongful death claim if your loved one was killed due to:

• Careless or reckless driving
• Medical malpractice 
• Dangerous property conditions 
• Intentional criminal acts 
• Defective products 
• Negligent security measures 

A wrongful death claim can help families cover medical bills, funeral expenses, lost income, and other damages related to the untimely death of their loved one. Families need to know that they have legal options available when someone dies due to another person’s negligence.

Requirements to File a Wrongful Death Claim in Illinois

To bring forward a wrongful death claim, certain criteria must be met:

• Proving Legal Responsibility: The first requirement is that there must be an individual or entity who can be held legally responsible for the decedent’s death. This means that there must have been some form of negligence or misconduct on behalf of this individual or entity that led to the decedent’s passing.
• Surviving Family Members and Dependents: Next, there must be surviving family members or dependents who suffered financial losses as a result of the decedent’s passing. These losses could include medical bills, funeral expenses, lost wages, and other damages related to the decedent’s passing.
• Appointing an Estate Representative: A special representative of the estate must be appointed by the court to bring forth a wrongful death claim on behalf of all surviving family members and dependents. This representative will act as a point person throughout the legal process and will ensure that all parties involved receive fair compensation.

Contact a Chicago Wrongful Death Attorney Today

If you believe your loved one has died due to someone else’s negligence or misconduct in Illinois, you may have grounds for filing a wrongful death lawsuit against them. It is important to speak with an experienced Chicago personal injury lawyer who can help you understand your rights and guide you through every step of this difficult process. Call Winters Salzetta O'Brien & Richardson, LLC at 312-236-6324 to get started with a free, no obligation consultation.

Source: 

https://www.illinoiscourts.gov/courts/circuit-court/illinois-pattern-jury-instructions-civil/

https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/6801203d-1e22-4942-85b4-7eabe8e89beb/31.00.pdf