Wrongful Death
A wrongful death lawsuit arises when a fatality results from someone else’s negligent or reckless actions. In certain instances, claims extend to include intentional misconduct. Given that the deceased individual cannot pursue legal action, the responsibility falls upon their surviving relatives. Each state defines who possesses the legal standing to file wrongful death claims, which may encompass spouses, children, and extended family members.
Wrongful death claims may be directed at individuals, corporations, or government entities. It’s crucial to note that suing the government often entails strict time limitations for filing a lawsuit. Examples of wrongful death cases encompass:
- Medical malpractice.
- Vehicle accidents involving cars, trucks, motorcycles, or other vehicles.
- Workplace injuries.
- Product liability.
- Medical Negligence (Medical Malpractice)
Medical negligence manifests in various forms, spanning misdiagnosis, incompetence or neglect in skill application, insufficient treatment, treatment delays, lack of follow-up, failure to order necessary tests or assess results, and prescription errors. Our network includes attorneys who have secured victories in nearly every imaginable scenario.
A dedicated medical malpractice attorney tirelessly strives to rectify the wrongs suffered by victims. While it’s impossible to reverse the past, the law empowers you to seek compensation for medical expenses, lost wages, and acknowledgment of the pain and suffering you’ve endured. A favorable outcome can significantly enhance the quality of life for the injured party and their family. It’s imperative to recognize that not all law firms possess the financial resources and track record necessary to provide you with the best chance of success. We possess insights into which firms have demonstrated prowess in specific case types. Importantly, no single law firm is suitable for all negligence cases.
FAQ
A wrongful death case is a legal action brought by the surviving family members or estate of a person who has died as a result of the negligence or wrongful act of another party.
Damages in a wrongful death case can include compensation for medical expenses, funeral and burial costs, loss of income, loss of companionship, and other pecuniary injuries for the benefit of the surviving family.
A criminal case is brought by the state to punish the wrongdoer, while a wrongful death lawsuit is a civil action seeking financial compensation for the losses suffered by the survivors.
In Illinois, the statute of limitations for wrongful death claims is usually two years from the date of the death. However, there are some exceptions, such as:
- If the death was caused by violent intentional conduct;, the lawsuit must be filed within five years of the death
- If the plaintiff is a minor, they have two years after they turn 18 to sue
- The two-year time limit doesn’t start until the escrow account is established if the defendant has been criminally convicted in the death and ordered to pay restitution into an escrow account
- A lawsuit for wrongful death might not be allowed if the death is based on medical malpractice that occurred more than two years before the death
Common causes include car accidents, medical malpractice, workplace accidents, defective products, and nursing home abuse.
Yes, a wrongful death lawsuit can be filed independently of any criminal charges. The burden of proof is lower in a civil case, so even if the defendant is not convicted criminally, they may still be found liable in a civil wrongful death lawsuit.
Negligence must be proven by showing that the defendant owed a duty of care to the deceased, that they breached that duty, and that the breach directly caused the death.
The process typically involves gathering evidence, filing a complaint, conducting discovery, negotiating a settlement, and if necessary, going to trial.
Damages are typically calculated based on the deceased lost earning capacity, the value of lost household services, medical and funeral expenses, and the emotional suffering of the survivors.
Yes, a wrongful death lawsuit can still be filed if the deceased had a pre-existing condition, as long as the defendants actions contributed to the death.
Yes, in some cases, multiple family members may be eligible to file a wrongful death lawsuit, either individually or as a group.
