The right to file a wrongful death lawsuit is a relatively recent concept. The laws which were brought to the United States from England did not permit wrongful death actions, yet now every state in the U.S. has laws to address wrongful death. According to one study, the primary cause of wrongful death among those younger than thirty-five is car accidents.
Medical malpractice is the second largest cause of wrongful death, particularly among the elderly. Rounding out the top ten causes of wrongful death are falls, workplace accidents, industrial accidents, drowning, boating accidents, train accidents, asbestos exposure, and manufacturing defects.
For those who have suffered the loss of a loved one as a result of an accident or injury caused by the negligence of another person, the legal term for that loss is wrongful death. Wrongful death can bring devastation to family members, both emotionally, and, unfortunately, financially as well.
Of course, no one’s first thought following the loss of a loved one is money; however, there may be family members who depended heavily on the deceased for financial support. This makes it necessary to consider a wrongful death lawsuit to hold the negligent party liable for the loss of a life. Survivors who are allowed to seek compensation for the loss of a loved one include the following:
The spouse of the deceased may recover compensation for the loss of companionship, and for the mental trauma which resulted from the death.
The minor children of the deceased are allowed to recover compensation for the parental guidance that they have lost due to the death of their parent.
Parents of a minor child who died from a wrongful death may recover damages, and if there are no other survivors, the parents of an adult child may also recover damages.
Each of the above survivors are allowed to seek recovery for the value of lost support as of the date of their loved one’s death, along with loss of future support. Medical or funeral expenses may also be recovered and reimbursed to the loved one who paid the expenses.
When reckless or deliberate behavior results in a fatality, negligence has occurred and a wrongful death suit could be warranted. Negligence in a wrongful death suit refers to the manner in which a reasonable person or medical professional would have acted under the same circumstances. An experienced wrongful death attorney will show that:
If you are considering filing a wrongful death suit, speak to your lawyer who will carefully assess your individual circumstances and determine whether there are compensable damages which are clearly documented.
A third party who was directly responsible for the wrongful death will be identified, and it will be shown that negligent behavior was the direct cause of the death. Your attorney will determine whether you have standing to bring the wrongful death suit – that is, whether you are one of the persons allowed to file a wrongful death suit in the state of Illinois.
When determining what level of damages you are entitled to in your Illinois wrongful death suit the court will consider a multitude of factors. Some of these include:
Your Chicago wrongful death lawyer may bring in an expert to help value the economic losses that you and your family will incur as the result of the death of your loved one. This expert can put a monetary value on your economic losses, as well as the replacement value of all of the services that the deceased provided to his or her family.
At Malman Law, we have decades of experience representing the families of wrongful death victims in the Chicago area. We will make sure that you receive the full amount of compensation that your family deserves, so that you are not forced to carry unnecessary financial burden during this difficult time.
Our Chicago wrongful death attorneys are dedicated to providing compassionate, aggressive, and effective representation for families in the Chicago area. To date, our lawyers have helped more than 20,000 clients recover in excess of $200 million in financial compensation, and we have a 95 percent success rate across all cases.
To schedule a free consultation with one of our experienced wrongful death attorneys, call our Chicago law offices at (888) 912-7308 or contact us online today.
"I'm very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I've been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion! "
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