St. Charles Wrongful Death Lawyer
St. Charles Wrongful Death Lawyer – Contact the Law Offices of Anthony R. Scifo at 847-628-8311
Wrongful Death Cases in Illinois
A wrongful claim is a specific type of personal injury lawsuit. It typically initiates in the event someone dies due to someone else’s negligence or intentional action. This type of claim enables the deceased person’s estate to file against the party who’s legally responsible for the death. The suit is most often brought by someone who represents the estate on behalf of family members.
Circumstances for a Wrongful Death Claim
This may take place in a number of situations:
-If someone kills the victim intentionally.
-If the victim dies as a result of medical malpractice. For example, in the event a medical practitioner fails to accurately assess a patient’s condition. Or if a physician acts carelessly and death is the outcome, a wrongful death claim may initiate against the physician.
-Motor vehicle accident deaths that involve negligence. If a victim passes away as a result of accident injuries, then a wrongful suit may ensue.
These are only a handful of injury case examples that may become wrongful death claims. Claims can start from practically any type of situation involving injuries. However, there is an exception when it comes to workplace injuries resulting in death. Those cases typically resolve via worker’s compensation.
St. Charles Wrongful Death Lawyer – Contact the Law Offices of Anthony R. Scifo at 847-628-8311
Proving Wrongful Death and Liability
To hold a defendant accountable in a claim of wrongful death, the plaintiff must fulfill a burden of proof as if the victim survived. Showing negligence, for example, requires demonstrating the defendant owes a duty of care to the victim that he or she failed to provide. This failure must be shown to be the direct cause of the fatality. The damages for which the plaintiff seeks to recover with the assistance of their St. Charles Wrongful Death Lawyer.
Filing a Wrongful Death Claim in Illinois – St. Charles Wrongful Death Lawyer – 847-628-8311
Generally, a representative of the estate files the claim. The representative serves on behalf of the victim’s surviving parties. This can be a spouse, children, siblings, parent, relative or friend.
In all 50 states, a surviving spouse can initiate a wrongful death claim for their deceased spouse. Parents of a minor can also file a wrongful death claim in the event their child dies. Likewise, minors may obtain compensation in the event of their parents’ death. States vary on whether the parents of grown children may litigate. Likewise if the adult-age children may sue for the wrongful death of parents. Generally, it becomes more difficult to win compensation for distant relatives.
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For some states, the lifetime partner of the deceased person can bring a wrongful death claim. In addition, any party who can demonstrate financial dependence upon the deceased can file a claim.
Damages in Wrongful Death Claims – St. Charles Wrongful Death Lawyer – 847-628-8311
The types of losses for which surviving parties may be eligible to obtain compensation includes:
-Loss of care and companionship that would have been provided by the deceased.
-The before-death pain and suffering sustained by the deceased person.
-Medical expenses the deceased accumulated due to injuries before their death.
-Costs of the deceased’s funeral, burial expenses.
-Loss of the deceased income and value of services the deceased would otherwise provide.
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Most typically, it is the immediate family of the deceased person who brings a wrongful death lawsuit. Although there may be exceptions that your St. Charles Wrongful Lawyer can explain. The purpose of a wrongful death claim is to compensate the family of the deceased for losses resulting from their passing.
Any amount of compensation recovered in a wrongful death lawsuit usually distributes to those eligible parties through the court. This is calculated in proportion to each person’s dependence upon the deceased for support. This is usually left up to the discretion of the court.
If you have experienced the loss of a spouse or close relative due to the reckless conduct of an individual or corporate entity, call a St. Charles Wrongful Death Lawyer today for assistance. Our experienced legal team can evaluate the situation surrounding your case and help you recover compensation for the losses you and your family have sustained.
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The Fundaments of Wrongful Death Claims in Illinois
The loss of a loved one is generally the most painful experience people go through. But when a loved one dies as a result of another person’s carelessness it seems to amplify the pain even more. In this unfortunate situation, in addition to the emotional distress, a sudden passing can leave families faced with unexpected costs that can make it very tough to move on.
While nothing may bring back a lost loved one, state law enables you to recover those expenses from the accountable party with a wrongful death claim. The function of this kind of lawsuit is to permit the surviving spouse or relative to gain compensation for their losses due to the wrongful death. Also, this permits specific persons the chance to obtain benefits they would’ve received in the future if the decedent had lived.
Eligibility for Recovering Compensation
Your right to bring a wrongful death lawsuit is according to the state’s Wrongful Death Act. According to this Illinois law, children and surviving spouses are eligible to bring a lawsuit and obtain damages. In cases that do not involve a spouse or offspring, relatives like siblings or parents of the deceased can file the claim. The lawsuit is typically filed in the name of the person who serves as executor of the estate instead of the relatives.
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A wrongful death claim may be initiated in most any kind of situation in which someone dies because of someone else’s recklessness or negligence. Such cases frequently include fatalities from: motor vehicle accidents, hazardous or faulty products, accidents at work, hazardous conditions on a property and impaired driving. While this form of lawsuit is usually filed against an individual, corporate entities or governmental bodies may be held accountable in many situations.
In some occasions, the actions of an individual, corporation or municipal body in causing a death falls into the category of a criminal offense. However, the filing of a criminal charge does not have an impact on the right to pursue a wrongful death claim. Plus, whether or not a party is found to be guilty of criminal charges doesn’t affect the result of a lawsuit because it’s a civil matter with a different set of standards of proof.
If you’ve experienced the loss of a family member due to the careless actions of another party, talk with an experienced St. Charles Wrongful Death Lawyer for advice on your case. Our firm can evaluate the circumstances involved in your loved one’s passing and work hard to recover fair compensation for you.
