After losing a loved one due to someone else’s negligence, you may wonder what to expect in a wrongful death lawsuit. A wrongful death claim arises when a family member is killed because of another person’s negligence, recklessness, or intentional actions. This claim is filed by a personal representative of the deceased’s estate. It seeks compensation for the losses experienced by the survivors, such as lost income, loss of companionship, and funeral costs. In such a case, you may hire an attorney to investigate the claim, identify the responsible party, gather pertinent evidence, and initiate a lawsuit.
If you’ve lost a loved one, reach out to Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 to find out more about what to expect in a wrongful death lawsuit.
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What Is Wrongful Death in Illinois?
In Illinois, a wrongful death is defined as a situation where an individual dies due to another party’s “wrongful act, neglect, or default.” There will be grounds for a wrongful death lawsuit in circumstances where the deceased could have filed a personal injury claim had he or she survived. You can view a wrongful death case as a type of personal injury lawsuit where the injured individual can no longer pursue his or her own legal action. In such cases, another person steps in to file a wrongful death claim on behalf of the deceased. In 2022, Illinois ranked 6th among the states with the most wrongful death cases, having 7.2 wrongful death cases per 100,000 people.
Who Can File a Wrongful Death Lawsuit in Illinois?
While many states permit family members of the deceased to initiate wrongful death claims, Illinois has different requirements. A wrongful death claim must be initiated by the personal representative, commonly known as the executor, of the deceased individual’s estate.
If the deceased did not designate a personal representative in their will or lacked an estate plan, the court has the authority to appoint one. This personal representative will be tasked with filing the wrongful death claim in civil court and managing various responsibilities related to the estate.
It’s common for family members to serve as personal representatives, but this isn’t always the case. Occasionally, friends, accountants, or attorneys may take on this role for the estate.
Parties Who Can Benefit from a Wrongful Death Lawsuit in Illinois
When the personal representative initiates legal proceedings, it is usually done for the benefit of others. According to the Illinois Wrongful Death Act, wrongful death claims are intended for the surviving spouse and the next of kin of the deceased.
Next of kin refers to the closest relatives of the deceased. Thus, the individuals eligible for compensation from a wrongful death lawsuit depend on the family structure. Typically, next of kin includes the following family members:
- Children
- Spouse
- Grandchildren
- Parents
- Siblings
If the direct relatives do not survive the deceased, more distant relatives might be eligible to inherit. The Illinois Wrongful Death Act also explicitly includes adopted parents and children as next of kin, ensuring they have the same rights as biological parents and children.
What Are the Steps in a Wrongful Death Lawsuit?
In a wrongful death lawsuit in Illinois, the main steps involve engaging an attorney, investigating the circumstances of the death, determining who is responsible, collecting evidence, starting settlement discussions, filing the lawsuit, and possibly entering litigation if a settlement isn’t achieved.
Hire an Attorney
Wrongful death cases involve complex laws and strict deadlines. Hiring a personal injury lawyer with experience who knows how to win your wrongful death claim can significantly improve your chances of receiving fair compensation.
An attorney can navigate the relevant statutes and help you file your claim correctly. He or she can guide you through the legal process, advising you on the best steps to take and ensuring that you don’t ruin your wrongful death case by dealing with the deceased’s insurance company without representation. An attorney can investigate your loved one’s death and compile evidence to build a strong case.
Investigate the Death
The details of a wrongful death case can sometimes be unclear. Witnesses may offer conflicting accounts, or a liable party may mislead to avoid responsibility. Your lawyer can investigate your loved one’s death to clarify the events.
For instance, if medical negligence is involved, your lawyer can review medical records and consult experts witnesses to determine if the doctor met the standard of care. If not, this could lead to a wrongful death lawsuit.
In cases of death from a defective product, your lawyer can investigate the product and collaborate with expert witnesses to prove its role in the death.
If a family member dies in a car accident, your lawyer can analyze police reports and witness statements and even gather surveillance footage to identify fault and negligence.
Determine the Liable Party
In a wrongful death case, determining the liable party or parties often hinges on the details surrounding the fatal incident. There may be times when there is more than one potentially liable party. Your lawyer can assess the investigation’s findings to pinpoint who is at fault.
If your loved one passed away due to medical malpractice, the treating physician, other healthcare providers, or the hospital could be held liable. If your family member died in a car accident due to another driver’s negligence, that driver might bear legal responsibility. However, if that driver was working during the accident, his or her employer may be vicariously liable.
In cases involving defective products, the manufacturer could be the liable party if a faulty item resulted in your loved one’s death. Other entities in the distribution chain, such as wholesalers and retailers, may also share some liability in product liability cases. Your attorney will examine the evidence and apply relevant laws to determine which party to seek compensation from.
Assemble Evidence and Documentation
Proving wrongful death depends on the strength of your evidence. Your lawyer will assist you in gathering essential evidence for your wrongful death case. The medical documents of your deceased relative are critical, including doctor’s notes, test results, and prescriptions, especially in medical malpractice cases.
A death certificate states the cause and time of death. Police and autopsy reports can further support your claim; a police report is useful for car accidents, while an autopsy report can determine if negligence led to the death.
Other important evidence includes photos or videos, witness statements, expert testimony, family records, pay stubs, tax information, and financial records.
Initiate Settlement Negotiations
After assessing the value of your case, your wrongful death attorney will prepare a demand letter to the insurer of the party at fault. Determining the worth of a wrongful death claim includes totaling the funeral costs, medical expenses, lost wages, loss of companionship, and the emotional distress experienced by the surviving family members.
Your attorney will aim for the highest possible settlement. However, it’s common for the other party, or insurance company, to respond with a low initial offer. Ongoing negotiations may sometimes be required to reach a fair settlement agreement.
File the Lawsuit and Litigate
If settlement negotiations fail, your lawyer will file a complaint with the court, detailing the lawsuit, facts, laws, and the compensation sought.
During litigation, your lawyer can use discovery to gather information. Pre-trial and trial occur in this phase, with ongoing settlement discussions. If no agreement is reached, the case goes to trial, where a judge or jury delivers a verdict and assigns a monetary award.
What Are the Types of Compensation in Wrongful Death Lawsuits?
Two primary types of damages for wrongful death can be claimed when pursuing compensation. These are economic and non-economic.
Economic
Economic damages can be measured in monetary terms and represent the financial losses incurred due to the death of a loved one. These damages are generally awarded to the beneficiaries of the deceased, which may include the surviving spouse, children, or other relatives who relied on their financial support. They typically cover:
- Medical expenses related to the fatal injury, illness, or accident, including treatment and hospitalization costs.
- Funeral and burial expenses.
- Compensation for lost wages or the potential future earnings of the deceased.
- Loss of benefits that the deceased would have provided to the family, such as insurance, pensions, retirement funds, and interests in family businesses.
- Loss of inheritance.
- The estimated value of household services that the deceased would have performed, such as cleaning and maintenance tasks.
Non-Economic
Non-economic damages refer to claims made by family members for losses that aren’t easily quantified in monetary terms. A spouse might seek compensation for loss of consortium and for the loss of the deceased’s contributions to household duties. Children may pursue claims for the loss of guidance and nurturing. Additionally, family members can seek compensation for mental and emotional suffering.
In some circumstances, there may be wrongful death punitive damages available.
If a loved one has passed away, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for assistance with a wrongful death lawsuit.