Losing a loved one can be one of the most difficult times in your life, and when that loss is caused by the negligence, recklessness, or intentional act of another the loss can feel even more devastating.
The law allows for the family of a victim lost to an accident to hold those responsible accountable for their actions through a wrongful death lawsuit.
While money can never truly replace the loss of a loved one, compensation from a wrongful death lawsuit can help alleviate the financial burdens that come with the loss and provide a level of accountability that can help with the grieving process.
Let the experienced attorneys at VanDerGinst Law manage your wrongful death case while you work through this difficult time.
Illinois Wrongful Death Law
Wrongful death in Illinois is defined as the death of a person caused by wrongful act, neglect, or default and the act, if the result was not death, would have allowed the victim to pursue a claim for personal injury against those responsible. A wrongful death lawsuit is brought on behalf of the victim, but only certain people are able to bring the case in Illinois.
Under the law, a personal representative of the estate can file a wrongful death lawsuit, who may be a relative or attorney for the estate. Oftentimes, the personal representative is the victim’s spouse, parent, or child of the deceased. If no personal representative exists, the court will appoint a representative to file the case.
It is important to note that a wrongful death lawsuit in civil court does not require that criminal charges be filed against the person or entity responsible for the death. A wrongful death case in civil court may happen in tandem to criminal charges or without any criminal charges filed. A criminal conviction can be used as evidence in a wrongful death case, but it is not required.
Compensation for Wrongful Death Cases
Damages in a wrongful death case in Illinois are specifically to compensate the spouse and next of kin of the victim in the case. There are no monetary caps to a wrongful death lawsuit, and both economic and noneconomic damages are taken into consideration when determining the appropriate settlement for the claims. Economic and noneconomic include, but are not limited to, the following:
- Final medical expenses
- Reasonable funeral and burial costs
- Loss of future income and benefits
- Loss of inheritance
- Grief and sorrow
- Mental suffering
- Loss of care and companionship
An experienced wrongful death attorney will be able to review the facts of your claim and explain what a full and fair settlement should be in your wrongful death case. At VanDerGinst Law, our attorneys do not settle for anything less than the full value of what your family deserves for the loss of your loved one, and we are not afraid to take your case to trial to fight for what you are owed.
Learn More About Wrongful Death Lawsuits
To learn more about wrongful death lawsuits in Illinois and to review your case, call or contact VanDerGinst Law today to schedule a free consultation of your claims.