Losing a loved one is one of the most painful experiences that anyone will ever experience. However, if your loved one was wrongly taken from you, or if their death was the result of the carelessness or negligence of someone else, the situation can be even harder to handle. In cases such as these, the sudden loss of a loved one could leave you with unexpected expenses and losses that prevent you from moving on with your life as you should.
Although nothing can bring back your deceased loved one, the laws in the state of Illinois allow you to file a claim against the responsible party in order to recoup the expenses and losses you have incurred. This can be done by filing a wrongful death claim. This wrongful death claim allows you to receive compensation for the losses you incurred as a result of the death of your loved one. The lawsuit also enables family members and loved ones to recover benefits that they would have received had the deceased person survived.
The wrongful death Act in the state of Illinois determines who is allowed to open a wrongful death claim. According to the law, the spouse and children of the deceased are eligible to file a wrongful death claim. If the person who has passed on does not have a spouse or children, other family relatives are able to file a wrongful death claim such as the parents or siblings of the deceased.
Wrongful death claims can be found in various situations when an individual is killed as a result of someone else’s carelessness, recklessness or negligence. Some examples of this include medical malpractice, dangerous or defective products, car or truck accidents, drunk driving, workplace accidents and dangerous property conditions.
In some cases, the conduct of another individual, company or municipality that caused the death of an individual is a criminal offence. However, whether or not criminal charges are brought against the other individual company or municipality, it does not prevent a wrongful death claim from being opened. Likewise, irrespective of whether the guilty party is acquitted or found guilty, it will not affect the outcome of the wrongful death claim as it will be processed as a civil case. Civil matters are based on its own set of merits as opposed to criminal cases.
Some of the losses that you are entitled to be reimbursed for include:
- Funeral and medical expenses
- loss of inheritance
- Emotional distress
- Loss of companionship and parental guidance
- Punitive damages
According to the wrongful death laws in Illinois, damages that are recovered in the lawsuit are distributed to the eligible parties according to their dependence on the deceased’s support. Since there are no set criteria for determining the proportion of distribution, this is left largely to the court’s discretion.
If you lost a family member or loved one due to the carelessness or negligence of another individual company, you should look into contacting Illinois wrongful death attorneys. These attorneys are experienced in this type of claim and are therefore able to assist you better than other types of lawyers. A wrongful death attorney will examine the circumstances surrounding a wrongful death claim and will, therefore, assist you in receiving compensation for your losses and expenses as a result of the wrongful death of your loved one.