Who Can File a Claim for Wrongful Death?

Monday, August 3, 2020

Who Can File a Claim for Wrongful Death?

Written by Malman Law, reviewed by Steve J. Malman.

When a death occurs because someone acted recklessly, it is crucial for their family members to understand their rights. They have the right to hire a wrongful death attorney who will protect their interests and work to hold the negligent party accountable for their actions. 

Saying your permanent goodbyes to a loved one is devastating, even under the best of circumstances. When you lose someone in an accident or medical malpractice event that could have been prevented if it weren’t for the negligence of another individual, it is even more heartbreaking. During this difficult time, it is imperative to know that you and your family members have legal rights that compassionate wrongful death lawyers can protect.

What is a Wrongful Death Lawsuit?

Illinois has a specific statute addressing wrongful death claims. Under this law, damages may be recoverable if you can prove that the death was the result of negligence. Similarly to a personal injury victim recovering damages for their injury, certain parties can seek to recover damages on behalf of the decedent. If you choose to file a lawsuit because of the death of your loved one, it is essential to have the experience of compassionate wrongful death lawyers working for you.

The purpose of a wrongful death lawsuit is to compensate the next of kin for their losses. Depending on the facts in the case, the following types of damages could apply:

• Grief, sorrow, and mental suffering of the family
• Loss of Society, which includes the loss of affection, support, companionship, and love
• Past and future economic losses 
• Burial and funeral expenses

Keep in mind that a civil lawsuit after a death is entirely independent of a criminal lawsuit. If the person who caused the death is facing criminal charges, you will not receive a court award or settlement through the criminal proceedings. If you wish to seek compensation, you need to file a personal injury claim. 

Who Can File a Wrongful Death Lawsuit?

The Illinois Wrongful Death Statute is very specific in regards to who can file a lawsuit for the deceased. Only a personal representative of the descendant can file a wrongful death lawsuit. If the decedent did not name a personal representative before their death, the court might appoint one. Usually, this person is an immediate family member such as a spouse, parent, or child. The personal representative will act on their behalf and the behalf of the decedent’s estate. Hiring wrongful death attorneys can make this process much easier, allowing you to grieve the loss of your loved one and take care of other immediate needs.

Your Compassionate Wrongful Death Lawyers

If you recently lost a loved one, we are genuinely sorry. If their death was there result of negligence, we are here to help you seek the monetary compensation you and your family deserve during this sorrowful time. By hiring a wrongful death attorney, you will not only ensure that you are doing all you can to seek justice for your loved one, but you could also receive the compensation you are entitled to.

Schedule your free no-obligation consultation with the compassionate wrongful death attorneys at Malman Law today. Call (312) 629-0099 or complete our online contact form.