What Is a Wrongful Death Claim?
Losing a relative is never easy. But it can be even more devastating when the person’s death could have been avoided if it wasn’t for the irresponsible choices of someone else.
If you’ve lost a loved one, you may have the option of filing a wrongful death claim against the at-fault party. Doing so can allow you to recover compensation for some of the damages you’ve suffered. Continue reading to learn more about wrongful death claims in Illinois.
Explaining a Wrongful Death
A death is considered wrongful when the actions of another person are the direct result of your loved one’s passing. It doesn’t matter if the death was an accident or willful—when someone has contributed in some way to the death of another, he or she may end up facing a lawsuit.
Illinois approaches wrongful death claims similarly to personal injury suits, except that instead of the decedent seeking compensation for his or her losses, the bereaved family members or estate pursue the damages on the deceased’s behalf.
Once you’ve decided to move forward with a wrongful death claim, it will be important to act quickly—you will only have as little as one year from the date of your relative’s death to file your claim within the court system. The time limit will depend on the type of accident that claimed your loved one’s life.
Who Can File a Wrongful Death Claim in Illinois?
The designated representative of the deceased person’s estate can file a wrongful death claim in Illinois. If the decedent has assigned someone this responsibility, it is likely that he or she chose a family member like a spouse or adult child.
Otherwise, spouses, adult children, or other relatives may be able to file a claim for wrongful death. Speak to a lawyer to find out whether you’re eligible to file a claim for your loved one’s passing.
The Damages You Can Recover
Within reason, courts are able to award claimants whatever they deem appropriate after hearing the extent of the damages the deceased and his or her family members endured. Some of the most commonly sought losses in Illinois wrongful death claims include the following:
- Funeral and burial costs
- Lost future income
- Loss of companionship and love
- Pain and suffering
- Loss of household services
- Mental anguish
The amount that the jury determines appropriate will be based on a number of factors, such as the level of dependency the surviving spouse and children had on the person who passed away and whether the actions of the defendant were accidental or meant to cause harm.
Connect with a Rockford Wrongful Death Lawyer
When you’ve lost a loved one due to the careless actions of someone else, you may be able to seek compensation from the at-fault party for your losses. Get in touch with an experienced Rockford wrongful death lawyer at Mahoney & Mahoney, LLC. We can get you the compensation your family needs as quickly as possible.
Take advantage of the free claim evaluations we offer to prospective clients today by completing the quick contact form below or calling our office at 815-656-4600.
