Losing a loved one due to someone else’s negligence or misconduct can be devastating, not only emotionally but also financially. Families are often left facing substantial expenses, such as the cost of a funeral and burial, as well as the uncertainty of whether they will be able to cover future costs.
Filing a wrongful death lawsuit can allow surviving family members to recover compensation to help cover their losses and hold the negligent party accountable. Let’s explore the basics of these claims, including who can file, what damages may be recovered, and when to seek legal assistance from a wrongful death attorney.
The Basics of Wrongful Death Lawsuits
When an individual dies as a result of the negligence or misconduct of another individual, it is considered a “wrongful death.” A wrongful death lawsuit may arise out of many different types of incidents, but some of the most common include motor vehicle accidents, products with design or manufacturing flaws, and medical errors.
Typically, only specific individuals may file a wrongful suit, and they must do so within a certain time frame known as the “statute of limitations.” Both of these vary from state to state.
Who Can File a Wrongful Death Lawsuit in Illinois?
Under Illinois Law, the following individuals may file a wrongful death suit:
- The deceased’s spouse: The surviving husband or wife has the first right to file the claim.
- Children of the deceased: If the deceased has surviving children, they may also be eligible to file.
- The personal representative of the deceased’s estate: If no immediate family member is available or able to file, the court may appoint a representative to bring the claim on behalf of the estate and beneficiaries.
- Parents of a minor child who has passed away: If a child dies due to negligence, the child’s parents may pursue a wrongful death claim.
How Long Do You Have to File an Illinois Wrongful Death Lawsuit?
In general, eligible family members and personal representatives in Illinois have two years from the date of death to file a lawsuit. There may be some exceptions, however, such as if the person eligible to file the suit is under the age of 18 or the at-fault party has left the state.
How Do You Prove Wrongful Death in a Lawsuit?
Proving a wrongful death case can be a complex matter. Similar to other types of personal injury cases, a plaintiff must prove four elements, including:
- Duty of Care: The plaintiff must show that the defendant was required by law to act responsibly and exercise reasonable care to prevent harm to others.
- Breach of Duty: The plaintiff must then prove the accused failed to fulfill their duty of care, whether through negligence, recklessness, or intentional misconduct.
- Causation: The plaintiff must also demonstrate that the victim’s death is directly linked to the defendant’s breach of duty.
- Damages: Finally, the plaintiff must show that they suffered measurable losses due to the victim’s death, which may include funeral expenses and loss of future earnings, among others.
Strong evidence is often crucial in proving these four elements, which may take the form of:
- Witness testimonies confirming reckless or negligent behavior
- Accident reports detailing how the fatal incident occurred
- Medical records showing any prior health conditions or treatment and cause of death
- Expert analysis from specialists in relevant fields, such as forensic investigators or healthcare professionals
What Damages Can You Recover in a Wrongful Death Lawsuit?
Families pursuing a wrongful death claim may recover several types of compensation, including economic and non-economic damages, and in rare cases, punitive damages.
Economic damages compensate the victim’s family for tangible financial losses, such as funeral and burial costs, loss of financial support, and loss of household services. In contrast, non-economic damages compensate for intangible losses, which may include emotional distress or loss of consortium.
While uncommon, a court may award a victim’s family with punitive damages if the defendant’s actions were particularly reckless, malicious, or egregious. This differs from economic and non-economic damages in that it is meant to punish the wrongdoer rather than compensate for a specific loss.
The amount awarded in wrongful death settlements is contingent on multiple elements, including the severity of the negligence, the financial impact on surviving family members, and the strength of legal representation.
Wrongful Death vs. Survival Action
A wrongful death lawsuit compensates surviving family members for their losses, while a survival action allows the deceased’s estate to recover damages the victim would have been entitled to had they survived. These may include medical expenses, lost wages before death, and pain and suffering endured before passing.
Unlike wrongful death claims, which are meant to provide financial relief to surviving loved ones, survival actions focus on the comprehensive damages suffered by the deceased before their passing. This could include:
- Medical treatment and hospitalization costs incurred before death.
- Lost wages and benefits the victim could not earn due to their injuries.
- Physical pain and emotional suffering experienced before their death.
Both survival actions and wrongful death can be pursued simultaneously, enabling the deceased’s family and estate to seek full compensation. However, laws governing these claims differ by state, making it crucial to consult with an experienced wrongful death attorney to identify the best legal strategy for your case.
Do You Have to Go to Court for Wrongful Death?
Not all wrongful death lawsuits result in a trial. Many cases are resolved through negotiations between the attorneys for both parties, establishing a fair compensation amount without necessitating a court battle. Settlements can provide a quicker resolution, reducing emotional stress for the grieving family and avoiding prolonged litigation.
However, pursuing the case in court may be necessary if the responsible party or their insurance company refuses to present a fair settlement offer. Wrongful death litigation involves filing a lawsuit, presenting evidence, and arguing the case before a judge or jury. The court ultimately determines liability and decides on the damages to be awarded.
Deciding whether to go to trial or settle depends on several factors, including:
- The strength of the evidence: Clear and compelling proof of negligence increases the chances of a favorable outcome in court.
- The willingness of the opposing party to negotiate: If a reasonable settlement is not offered, going to trial may be the best option.
- The financial and emotional toll on the family: While trials can lead to higher compensation, they can also be time-consuming and emotionally draining.
An experienced wrongful death attorney can assess your case, negotiate aggressively on your behalf, and, if necessary, present a compelling argument in court to fight for the compensation you deserve.
When Should You Hire a Wrongful Death Attorney?
Wrongful death cases can be legally and emotionally challenging, requiring in-depth knowledge of the law and extensive evidence collection. You should seek legal representation as soon as possible, particularly if:
- Liability is disputed: If the responsible party denies fault or multiple parties are involved, an attorney can conduct a thorough investigation to establish liability.
- Large corporations or insurance companies are involved: Companies often have aggressive legal teams working to minimize payouts; an experienced lawyer can protect your rights.
- Substantial evidence needs to be gathered. A legal professional is best suited to collect medical records, accident reports, expert testimonies, and other crucial evidence.
- The wrongful death statute of limitations is approaching: Time limits for filing claims vary by state, and missing the deadline can prevent you from seeking compensation.
- The financial burden is significant: If your family has lost a primary source of income or faces overwhelming medical and funeral expenses, a lawyer can help recover maximum damages.
A wrongful death lawyer can manage the entire legal process, from investigating the case and negotiating settlements to representing you in court if needed. The sooner you seek legal advice, the stronger your case will be.
Fight for the Compensation You Deserve. Schedule a Consultation With Power Rogers.
Losing a loved one due to negligence is heartbreaking, but you do not have to face the legal battle alone. At Power Rogers, our team is committed to helping families secure justice and compensation. Contact us to schedule a free consultation and discuss your case with a trusted wrongful death attorney.
