WRONGFUL DEATH LAWYER IN ELMHURST, IL

If a person dies due to the negligence of another person or entity, the victim's surviving family members may be able to recover damages in a wrongful death lawsuit. Wrongful death lawsuits may be filed in instances of accidents or misconduct, but they are also often filed in the aftermath of a criminal trial because they use similar evidence but require lesser standards of proof.

Wrongful death cases are brought by the representatives of the deceased's estate. Personal injury, pain and suffering, and expenses incurred before the victim's death may also be brought at this time. It's important to note that each state deals with wrongful death statutes differently and that damages awarded to the state may be distributed according to the will of the deceased.

FOR A WRONGFUL DEATH SUIT TO BE SUCCESSFUL, THE FOLLOWING THINGS MUST BE PRESENT:

• The death of a human being

• Negligence or intentional harm on the part of another person

• Surviving family members who suffer financial injury

• A personal representative for the decedent's estate must be appointed

WHEN WOULD A WRONGFUL DEATH CLAIM BE FILED?

Wrongful death claims may be filed for a number of reasons, including:

• Criminal behavior

• Death during supervised activities

• Medical malpractice

• Car accidents

• Occupational hazards

Note that wrongful death claims are bound by a statute of limitations, although claims may be filed after the fact if new circumstances come to light; this is called the “discovery rule.”

HOW ARE DAMAGES DETERMINED?

The biggest determination of damages is the financial impact of the wrongful death. This includes things like lost support, medical expenses, and funeral expenses. Generally, laws require that these damages are fair and just compensation. Most of the time the amounts awarded are based on the circumstances of the deceased, such as their current income, health, character, condition, and future earning potential. In cases where the deceased has children, the loss of parental guidance is also involved.

WHAT ABOUT ADJUSTMENTS TO THE JURY'S AWARD?

Juries typically determine the damages in a wrongful death suit, but theirs is not the final word. Sometimes the court may adjust the awarded damages based on the presence of additional information. If the deceased had poor financial management, this could have an impact on the recovery; likewise, if they were unemployed or low income but had the potential for growth, more damages may be awarded.

WHAT ABOUT PUNITIVE DAMAGES?

Punitive damages are awarded in cases where serious or malicious wrongdoing has occurred. This is meant to punish the defendant. In Illinois, punitive damages are generally not allowed to be recovered in wrongful death cases.

If your loved one has died as a result of someone’s negligence or malicious behavior, you should definitely call an experienced attorney to help you explore whether or not you have a case for wrongful death. You should not have to worry about maintaining finances in the aftermath of your grief. Call me today to learn how I may be able to help you with your situation.