Joliet Wrongful Death Lawyer

Accidents that lead to death can have a devastating emotional and financial impact on families. When the incident was caused by negligence, a deceased person’s surviving family members can pursue compensation through a wrongful death lawsuit.

Speak with a Joliet wrongful death lawyer as soon as possible when your loved one was killed as the result of suspected negligence. Delays in filing your claim may impact your ability to recover damages. Our experienced and compassionate personal injury attorneys are here to help.

Types of Accidents that Lead to Wrongful Death Claims

According to 740 Ill. Comp. Stat. § 180/1, the state’s wrongful death statute provides that surviving family members of a deceased person can pursue a lawsuit when the individual died as the result of a wrongful act, neglect, or default, and they would have had a valid personal injury lawsuit had they survived.

Many accidents and intentional misconduct can lead to a personal injury lawsuit. A common theme among these incidents is that the responsible party breached a duty of care owed to the deceased.

Additionally, the breach of care must be the proximate cause of any injuries suffered by the person in the accident. Some examples of negligent accidents or misconduct that can lead to wrongful death claim include the following:

  • Vehicular collisions
  • Bicycle or pedestrian accidents
  • Defective products
  • Prolonged exposure to hazardous substances
  • Workplace accidents
  • Construction site accidents
  • Slip and falls
  • Medical malpractice
  • Assault, battery, or an attack with a deadly weapon
  • Attacks by a dangerous animal

The evidence required to prove that a defendant was negligent will vary from case to case. A Joliet lawyer could assist clients with filing a wrongful death claim based on the specific facts of their case.

Who Can File a Wrongful Death Claim?

A Joliet attorney could help clients understand the procedural rules applicable to wrongful death claims. For example, state law requires that personal injury lawsuits be brought by the personal representative of the deceased’s estate.

It is also important to note that a wrongful death lawsuit benefits surviving family members. Even though they will not file the lawsuit in their own name, any damages awarded in the case benefit a surviving spouse and next of kin.

The rule does not explicitly define next of kin, but this is generally viewed as any close family member dependent on the decedent. The statute provides that the court will distribute damages to the surviving family members in accordance with their level of dependency on the deceased.

Surviving family members can pursue damages for their pecuniary injuries that stem from the deceased’s passing, such as grief, sorrow, and mental suffering, and funeral or burial expenses. If the death stemmed from intentional wrongful misconduct, the plaintiffs can pursue punitive damages.

Wrongful Death Claims Distinguishable From Survival Actions

In addition to wrongful death claims, the deceased’s estate can pursue a survival action when negligent actions or misconduct cause death. 755 Ill. Comp. Stat. § 5/27-6 provides that claims seeking compensation for personal injury or property damage survive an individual’s death.

The key difference between wrongful death claims and survival actions is that the former are intended to compensate the family of the deceased for their loss. However, survival actions are intended to compensate the deceased for losses incurred before death.

Damages available in survival claims can include losses such as pain and suffering, lost wages, or hospital bills incurred before death. Like wrongful death claims, survival actions are also filed by the deceased’s estate.

Since close family members are often appointed estate executors, a Joliet attorney could help wrongful death clients determine if they also have a valid survival action.

Speak With a Joliet Attorney About Wrongful Death Claims Today

When you have lost a loved one due to negligence or wrongful conduct, please contact a Joliet wrongful death lawyer to discuss your case. Time is of the essence; the state imposes a general two-year limit to file wrongful death claims.

Hiring an attorney is essential to understanding your legal rights when pursuing wrongful death claims. Call MJB Law Offices today for more information.

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