How hard it is to prove wrongful death depends on the evidence in the case and the defenses the other side raises. The competence of your attorney is another of the many important considerations. Overall, wrongful death claims in Naperville and elsewhere in Illinois are complex, whether they include medical malpractice, a car crash, or another type of negligence.
Working with an experienced wrongful death lawyer can help you get the compensation you need. Call Chute, O’Malley, Knobloch, and Turcy at 312-775-0042.
Table of Contents
Elements of a Wrongful Death Case
To prove wrongful death, Illinois plaintiffs need several elements. These elements are similar to the requirements in a personal injury case, but carry more complexity due to the death.
Duty of Care and Breach of Duty
Defendants must have owed a legal duty of care to the deceased. The first step to establish liability is to show this duty existed. The next step is to show that a breach occurred, whether through negligence, recklessness, or purposeful harm.
One example is doctors who have a duty of care to their patients. Doctors must take reasonable steps to diagnose and treat patients, and provide care that is appropriate. If doctors fail to do this, they could be breaching their duty of care. Misdiagnosing, prescribing the wrong medication, providing improper postoperative care, and failing to refer a patient to a specialist are some of the many ways in which doctors can fall short.
Drivers, meanwhile, have a duty to follow traffic laws, but many do not. In 2023, there were 1,241 crash fatalities in Illinois. A plaintiff may show that a defendant breached his or her duty of care by running red lights, speeding, driving under the influence, or texting while driving. These actions point to a driver who is not operating the vehicle with reasonable care.
A duty of care breach for drivers can also include the failure to take reasonable preventative measures, such as not yielding to pedestrians or driving in bad weather and not adjusting speed.
Causation
If duty of care breaches result directly in an accident causing harm or death, the driver may be held liable for negligence. Traffic camera footage and accident reports are two types of evidence that can show a direct link between the breach and its resulting harm.
However, proving this causation can be difficult, especially since other factors may have contributed to the death. The defendant’s actions do not necessarily have to be the sole cause of death, but must have contributed significantly.
With medical malpractice, opposing counsel may claim that pre-existing conditions, rather than a doctor’s actions, directly caused the death. For car crashes, bad road conditions, the involvement of other drivers, and mechanical failures may have contributed to the accident. The defense may also push pre-existing conditions as the true cause of a driver’s death. A thorough investigation is necessary to show the link between the breach of duty and the injuries.
Damages
Plaintiffs must show harm from the death such as financial losses, emotional suffering, and loss of companionship. These are called damages. They serve as the basis of the compensation plaintiffs seek in wrongful death cases.
Standing
Not everyone has the standing to file a wrongful death claim. Those who may have standing include the personal representative of the deceased’s estate, the surviving spouse, children, parents of the deceased, and siblings or other relatives if no more-immediate family members are available. In a few cases, other people may have a claim if the deceased was supporting them financially.
Timing
Courts in the Naperville area may refuse to hear a wrongful death case if the plaintiff does not file in time. Exceptions may apply, such as with minor children of the deceased or situations where the cause of death was not apparent immediately.
Wrongful Death Damages in Naperville
In a wrongful death claim, the plaintiff may get compensation for many things:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost financial support and future earnings
- Loss of companionship, care, and parental guidance
- Mental anguish and emotional suffering
The court may award wrongful death punitive damages if the defendant acted especially badly or recklessly. The aim of punitive damages is to punish defendants and deter others from acting similarly in the future. These types of damages are rare in Illinois, though.
Types of Evidence Required
Winning your wrongful death claim involves gathering evidence. Evidence that supports your case includes:
Medical Records
Medical records can help prove causation, especially in medical malpractice situations. They can clarify the link between a defendant’s breach of duty (such as improper treatment) and the deceased’s death.
Witness Testimony
Various types of witnesses can offer testimony to build a case. For example, in car crashes, eyewitnesses might be able to describe how the defendant was driving recklessly. Meanwhile, expert witnesses can do things such as explain the expected standards of care and how the defendant breached them. Common expert witnesses include medical professionals and accident reconstruction specialists. Expert witness testimony from a doctor can shed light on how the defendant doctor deviated from the standard of care in a medical malpractice case, leading to the plaintiff’s injuries. The testimony could also explain what a competent doctor would have done differently, strengthening the argument that the defendant’s actions did not meet acceptable medical standards.
Accident Reports
Official law enforcement reports or OSHA (Occupational Safety and Health Administration) investigation reports may help prove wrongful death. They could contain details about how the incident occurred and whether anyone violated laws or regulations.
Documentation of Damages
This can include proof of medical bills, funeral and burial expenses, loss of income reports, and statements from loved ones about their emotional suffering.
All of these various types of evidence can combine for a compelling case. However, the other side may make arguments against your claim. Your wrongful death lawyer should be ready to counteract these measures.
Common Defenses in Wrongful Death Cases
Don’t ruin your wrongful death case in Naperville by failing to anticipate what the other side might have to say.
Comparative Negligence
Illinois uses the modified comparative negligence rule to decide fault and damages. Someone must be less than 50% responsible to be able to collect damages. The defense could argue that the deceased was more than 50% at fault and that his or her family should not be able to collect any damages.
The defense could argue that the deceased was speeding or acting dangerously. Police and accident reports, and photos of vehicle damage or road conditions, could be interpreted in ways that support these claims. Your lawyer can use other types of evidence or interpretations to weaken these arguments, though.
Lack of Causation
The defense may acknowledge the existence of a breach of duty of care. Such a breach by itself does not prove wrongful death, so the defense may say that the defendant’s actions did not directly cause the death.
This approach can be common in medical malpractice cases involving underlying health conditions or multiple parties. To counter these arguments, a lawyer might use medical records and expert testimony to link what the defendant did to the deceased’s death. A lawyer might also be able to show how the defendant’s negligence made underlying conditions worse and that following the duty of care would have prevented the death. Even with multiple factors contributing to a death, the defendant’s negligence played a major role.
Assumption of Risk
The other side might say that the deceased was participating in a dangerous activity and assumed the inherent risk. In skydiving, for instance, the deceased may have signed waivers acknowledging and accepting certain risks. If the deceased had previous skydiving experience or training, this could bolster the assumption of risk argument.
That said, evidence pointing to unsafe protocols by the defendant can weaken assumption of risk arguments. The same goes if the defendants did not appropriately or completely explain the risks, or misrepresented safety protocols.
How a Wrongful Death Lawyer Can Help
Proving wrongful death can be tricky. It involves gathering evidence, planning legal defenses, and calculating damages. A skilled wrongful death lawyer can help in many ways. He or she can:
- Investigate the circumstances of the death
- Gather evidence, including expert testimony
- Handle negotiations with insurance companies and opposing counsel
- Present a persuasive case in court
- Pursue the maximum compensation available to you
It can be difficult to prove wrongful death. Attorneys can preserve evidence and help make sure your case is strong. They can also avoid errors such as missing deadlines and under-documenting damages.
When negligence or wrongful actions have occurred, a wrongful death claim may provide justice and compensation. Contact us today at Chute, O’Malley, Knobloch, and Turcy to talk about your case.