Wrongful Death Lawyer Elgin IL – Law Offices of Anthony R. Scifo – Call 847-628-8311
Wrongful Death Lawyer Elgin IL
Similar to other states, there are laws in lllinois applying to wrongful death claims. On the following post, we’ll review some important aspects of those laws, such as eligibility to file wrongful death claims, which damages may be available and time limits upon filing these types of lawsuits in a civil court. A wrongful death, according to state law, occurs when an individual dies as a consequence of another person’s neglect, default or wrongful act. It can be possible to seek a claim of wrongful death in circumstances where the individual – if still living – could have sought a personal injury claim.
That’s why it’s helpful to view wrongful death cases as comparable to some varieties of personal injury suits, where an injured party is not available any longer to pursue their own injury claim. Speak to your Wrongful Death Lawyer Elgin IL for evaluation of your claim.
Rather, a different party files a claim of wrongful death on the deceased person’s behalf.
-Consult with a Wrongful Death Lawyer Elgin IL at 630-326-6330
There are variety of events that can serve as the foundation for wrongful death claims, including:
-An intentional act.
-Medical malpractice.
-A negligence-base incident, such as a motor vehicle accident.
For answers to your questions about your case, speak with a Wrongful Death Lawyer Elgin IL.
Eligibility to File Wrongful Death Claims in Illinois
Although there are some states that permit a deceased person’s relatives to file a wrongful death claim, that’s not so in Illinois. Instead, a personal representative of the deceased’s estate must file. (Also known as the executor of the estate.) The court might appoint a representative if the deceased individual passed away without naming someone in their estate plan. It’s the responsibility of the representative to pursue a wrongful death claim, in addition to other tasks relating to the estate. Talk to your Wrongful Death Lawyer Elgin IL for more information about filing in Illinois.
Differences Between Wrongful Death Cases and Criminal Homicide Cases – Wrongful Death Lawyer Elgin IL
Comparable to other kinds of personal injury claims, the liability of a defendant in a successful claim of wrongful death is solely in the form of financial compensation. The court instructs a defendant to make payment to the survivors of the deceased person. That is the main difference in between wrongful death lawsuits and cases involving a criminal homicide. (In those cases, a conviction may result in a prison sentence, probation, fines and other types of penalties.)
There are also other differences between a civil lawsuit filed by your Wrongful Death Lawyer Elgin IL and a prosecution in a criminal court for a homicide. For instance, it’s essential to establish the guilt of the accused party beyond a reasonable doubt in a criminal homicide case, which is a difficult standard for a prosecutor to meet. In civil lawsuits, on the other hand, a preponderance of evidence is the requirement to show the liability of the defendant.
Basically, that means that the defendant’s responsibility for the death is likely. It is also possible, however, for a person’s actions to result in a set of criminal charges in addition to a claim of wrongful death. A defendant could be sued for a wrongful death in a civil court and also face criminal charges in relation to the death.
When the outcome of a wrongful death lawsuit is successful, the court awards damages to the estate or to the survivors of the deceased. In Illinois, the damages are granted to the deceased’s surviving spouse and/or their next of kin. The court takes into account whether the surviving relatives were financially dependent on the deceased person as part of determining damages.
When damages are awarded, they are for the purpose of compensating the survivors of the deceased person not just for their monetary losses resulting from the death but for other, intangible losses families often face.
Some examples of the damages that can awarded include money for:
-The loss of the deceased individual’s financial support, including benefits or lost income.
-The loss of consortium. For instance, the loss of the deceased’s companionship, or the loss of the education and guidance the deceased person would have provided to their surviving children.
-The sorrow and mental suffering the survivors experience.
In some states, there is a cap placed on the amount of the award a plaintiff can receive through a wrongful death lawsuit. However, currently there is no limit in Illinois.
Time Limitations and Wrongful Death Lawsuits – Wrongful Death Lawyer Elgin IL
There are set time limits regarding when to file a wrongful death lawsuit. (According to statute of limitations laws.) In Illinois, there is a 2-year limit to file starting from the date of the individual’s death. In the event they died due to intentional violent conduct, though, there is a 5-year lawsuit in which to file a wrongful death lawsuit.
A wrongful death claim can be brought by your Wrongful Death Lawyer Elgin IL within 1 year following the completion of a criminal case. This applies if the party responsible for the death faced charges for any of these crimes relating to it:
-Voluntary manslaughter or the intentional homicide of an unborn child.
-First degree or second-degree murder.
-Reckless homicide.
-Involuntary manslaughter.
-Drug-induced homicide.
-Reckless homicide or the involuntary manslaughter of an unborn child.
It’s possible that the court could refuse to hear a case if it’s not filed within the time limit according to Illinois law.
Call 847-628-83111 to Consult with a Wrongful Death Lawyer Elgin IL
If you are considering hiring a Wrongful Death Lawyer Elgin IL for the pursuit of wrongful death claim, the first step to take is to speak with a Wrongful Death Lawyer Elgin IL. A wrongful death case can be complex, and a lawyer can evaluate how the laws may apply to your particular situation.
Medical Malpractice
Medical malpractice happens if a patient suffers harm from a doctor or some other type of medical care professional that fails to perform their duties competently. There are some general categories and principals that apply to the majority of cases involving medical malpractice.
To be successful with a medical malpractice claim, the following must be shown:
-A relationship existed between patient and physician. You’ll need to show that there was a relationship with the physician you are planning to sue. That basically means that you hired the physician and the physician agreed for you to do so. You cannot sue a physician, for instance, for guidance you overheard the physician giving at a social gathering.
Once a physician started treating you, it is relatively easy to show the existence of a relationship. A question of whether a doctor/patient relationship did exist may arise in situations where a consulting doctor did not directly provide treatment.
-The physician was negligent. A physician is not necessarily liable for a medical malpractice occurrence simply because a patient is not happy with the their treatment. The physician must have been performed negligently in connection with the treatment or diagnosis of the patient. To sue for medical malpractice, the patient has to demonstrate the physician or other type of healthcare professional caused them harm in such a way that a different, competent physician, in the same situation, wouldn’t have. It’s not a requirement that the care the doctor provides is the highest quality possible.
It must simply meet a standard of reasonable care and skill. That is the issue that is frequently the basis of medical malpractice claims. There is a requirement in most states that the patient must present an expert to explain the appropriate standard of medical of care relating to the case and show the defendant did not meet that standard.
-The injury is the result of the physician’s negligence. It’s not surprising that a lot of medical malpractice claims involve a patient that was already injured or ill. There can frequently be questions of whether the doctor’s actions were the actual cause of harm.
As an example, consider a patient who passes away after receiving treatment for a form of cancer. Even if the physician performed negligently administering the treatment, it could be difficult to prove it was negligence rather than cancer that caused the patient’s death. A Wrongful Death Lawyer Elgin IL can assess your case and recommend your best options. The patient, in order to be successful with a medical malpractice claim, must show that the physician’s lack of competence was the direct cause of the injury. The patient usually must present an expert to testify in support of the claim.
When an Injury Results in Particular Damages – Wrongful Death Lawyer Elgin IL
Even when it’s clear that the physician did not perform according to established standards in their field, patients cannot sue for malpractice in the event the patient did not suffer harm. Some examples of the type of harm that a patient could possibly sue for include:
-Lost income and earning capability.
-Mental anguish.
-Physical suffering.
-Medical costs.
If you’ve lost a loved to medical malpractice, consult with a Wrongful Death Lawyer Elgin IL at 630-326-6330.
