When is Death Considered “Wrongful” in Illinois?

Thursday, August 27, 2020

When is Death Considered “Wrongful” in Illinois?

Death is never easy to accept. If you lost a loved one due to a preventable accident, you and your family could be entitled to monetary damages. Contact a skilled wrongful death lawyer to learn more. 

Some deaths are not preventable. Other deaths occur because someone else acted negligently. If you lost a loved one under the latter circumstances, you have the right to compensation. Perhaps a drunk driver took the life of your family member, faulty safety equipment at work failed to prevent their death, or maybe a surgeon that was going to save their life ended up committing medical malpractice. Whatever the situation surrounding the death of your loved one, contact experienced wrongful death lawyers to learn more. No amount of money will ever bring your loved one back, but it can help ease the stress of life moving forward.

What is a Wrongful Death Claim?

Under Illinois law, wrongful death occurs when a wrongful act or neglect causes someone who could have filed a personal injury lawsuit to die. For example, if someone suffered injuries in a car accident arising from negligence or willful misconduct of another driver, they could file a personal injury lawsuit. However, if their injuries lead to their death, a personal representative can file a wrongful death claim on their behalf. Any funds recovered can be used to pay for funeral/burial expenses, and family members can also be compensated for the emotional loss of their loved one. 

Common Illinois Wrongful Death Accidents

Although a wrongful death doesn’t usually stem from an “accident” but rather a preventable incident arising from negligence, here are the most common causes of wrongful death accidents in this state: 

• Traffic accidents – Most traffic fatalities can be attributed to negligence, such as distracted driving and drunk driving. Family members can hold a negligent, distracted, or intoxicated driver financially responsible for causing an accident that took the life of their loved one.
• Job-related accidents – Common workplace accidents include falls from ladders and scaffolds, being hit by falling objects or flying debris, fires, explosions, and even motor vehicle crashes. An employer can be held liable if a death occurs because they did not provide adequate safety equipment or thorough safety training or violated other federal or state safety regulations.
• Medical malpractice – Sometimes, a medical provider’s negligence or wrongdoing causes a patient to lose their life. Common medical malpractice circumstances include misdiagnosis, failure to diagnose, delayed diagnosis, anesthesia errors, surgical errors, and drug errors.No matter the negligent cause of your loved one’s death, a compassionate wrongful death attorney can help you recover damages on behalf of their estate and your family.

Contact Our Wrongful Death Lawyers

If you lost a loved one because of the negligence of another person or party, you don’t have to travel this road alone. You have legal rights, and a wrongful death attorney can help you as you navigate one of the most difficult times of your life. Receive your free no-obligation consultation with the compassionate wrongful death lawyers at Malman Law today by calling (312) 629-0099 or using our online contact form.