Chicago Wrongful Death Attorneys
Lost a Loved in Due to Negligence or Wrongful Actions in Chicago, IL?
The loss of a loved one is one of the most difficult ordeals anyone can face. It's even more difficult when the loss is caused by the reckless, negligent, or intentional actions of another person or entity. If a loved one was killed due to the negligence or wrongful actions of another person or entity, you may be able to file a wrongful death lawsuit.
Our team at Mike Slocumb Law Firm in Chicago can help you explore your legal options if you have lost a loved one. We can also work to ensure that the responsible parties are held accountable for their actions.
What is Considered Wrongful Death in Illinois?
Wrongful death is a legal term that refers to a situation in which a person's death is caused by the negligent, reckless, intentional, or wrongful actions of another individual, entity, or organization. When someone dies due to the wrongful actions or negligence of another party, the surviving family members or the estate of the deceased person may have the legal right to seek compensation through a wrongful death lawsuit.
Key elements of wrongful death cases typically include:
- Duty of Care: The responsible party must have owed a duty of care to the deceased person. For example, doctors have a duty of care to their patients, and drivers have a duty to operate their vehicles safely.
- Breach of Duty: It must be demonstrated that the responsible party breached their duty of care, meaning they failed to act reasonably or committed an act of negligence, recklessness, or intentional harm that directly contributed to the death.
- Causation: There must be a direct link between the breach of duty and the death of the individual. It must be shown that the wrongful actions or negligence of the defendant were a substantial factor in causing the death.
- Damages: Surviving family members or the deceased person's estate must have suffered measurable damages as a result of the death. These damages can include medical expenses, funeral costs, lost income, pain and suffering, and loss of companionship, among others.
The following types of incidents can result in a wrongful death claim in Illinois:
- Motor vehicle accidents
- Trucking accidents
- Motorcycle accidents
- Bicycle accidents
- Drunk driving accidents
- Speeding accidents
- Hit-and-run accidents
- Defective or dangerous products
- Nursing home abuse and neglect
- Accidents on the job
- Gun violence
- Police brutality
Filing a Wrongful Death Lawsuit in Illinois
The personal representative, often appointed in the deceased person's will or by the court, is responsible for managing the deceased person's estate. This individual typically has the legal authority to initiate a wrongful death lawsuit on behalf of the estate and the surviving family members.
The parties who may be entitled to receive damages in such an Illinois wrongful death claim include:
- Surviving Spouse: The surviving spouse of the deceased person is typically the primary beneficiary in a wrongful death lawsuit in Illinois. The spouse can seek compensation for the losses they have suffered due to the death, including financial support, companionship, and other economic and non-economic losses.
- Children: The surviving children of the deceased person are also eligible beneficiaries. They can seek compensation for the loss of parental support, care, and guidance.
- Parents: If the deceased person did not have a surviving spouse or children, their parents may be eligible beneficiaries. Parents can seek compensation for the loss of their child's support and companionship.
- Next of Kin: If there are no surviving spouse, children, or parents, Illinois law allows for certain next of kin or close relatives to be potential beneficiaries. The specific order of priority for next of kin is defined by state law and may include siblings and other close relatives.
If you have lost a loved one due to the negligence or wrongful actions of another person or entity, you deserve to be fairly compensated for your losses. At Mike Slocumb Law Firm, our Chicago wrongful death attorneys can help you pursue the justice and compensation you deserve.
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