When the negligent acts of an individual cause another person to be injured, the injured party can file a personal injury lawsuit to claim financial compensation. If an individual dies as a result of another party’s negligence, a type of personal injury claim can be filed on their behalf. This kind of lawsuit is called “wrongful death.”
There are a number of scenarios where a victim’s family may want to file a wrongful death lawsuit, including:
The death of a family member can have major financial implications. If the deceased person is the family breadwinner, for example, their dependents will have lost a major source of income to meet their basic needs, such as paying rent or the mortgage, food and educational expenses. Children, in particular, may suffer the effects of lost income from a parent or caregiver.
The deceased may have been treated for injuries before their death, resulting in extensive hospital bills. Even a short period in a hospital can be incredibly costly. Unexpected funeral expenses also create a financial burden for the victim’s family.
Losing a spouse, parent or sibling also incurs non-economic damages, defined as pain and suffering. Mental anguish, post-traumatic stress, depression, and loss of enjoyment are all experiences that justify a wrongful death lawsuit.
There are four conditions that must be present to file a wrongful death lawsuit in Illinois.
Plaintiffs in a wrongful death lawsuit may also be able to recover damages for personal injury to the victim, for example, damages for pain and suffering the victim may have experienced before their death.
A jury decides the amount awarded to the victim’s estate. The jury considers a number of factors about the victim and their beneficiaries, including:
If damages are awarded by the court, the funds go to the estate and are distributed to the beneficiaries in the deceased person’s will. The court may decide to adjust the amount awarded by the jury, and the adjustment may be up or down.
If a family member has died as a result of another party’s negligent actions, you need the best possible legal support. Dealing with a wrongful death lawsuit is a complex and stressful experience, and we are here to help. The team at Mueller, Lawson & Frobish will fight for the fairest outcome for you and your family. Contact us today for a consultation.
After many interviews with attorneys, I was referred to Eric Frobish. To say that it was the right man for the situation would be an understatement. I had a very complicated mess that he was able to help me sort through and end up with the best outcome under the circumstances. As the case took many twists and turns, he and his staff were right there to guide me and advise me. I never had to wait very long for an answer and I could be assured Eric was always looking out for my best interests. I will never use another law firm. Honesty, integrity and sincere compassion in very trying circumstances. The absolute top of the line.
Professional, courteous and knowledgeable – we will recommend them and use them again in our future.
A top-notch law firm that listens to their clients. A wide variety of services are offered, give them a call for great legal assistance.
Very simply I would say my service was very thorough and very effective. It is clear that Mr. Frobish is very sharp and was able to counsel me in a clear manner which kept my expectations where they needed to be. I originally contacted Mr. Frobish because he was highly recommended. Now that he has completed the services that I needed, I would give the very same recommendation.
English
Spanish
