Losing a loved one is a painful experience, especially if you relied on him or her for financial support. Not only do you and your family have to struggle with the emotional loss of your loved one, but also the monetary impact and the additional expenses that come with a person’s passing.
If your loved one died as a result of someone else’s negligent actions, you and your family may be eligible to seek financial relief from these losses. You may be able to file a wrongful death lawsuit in Illinois civil court — and Duncan Law Group can help.
The state of Illinois defines a wrongful death as a death resulting from a wrongful act, neglect, or default. The nature of the death may have allowed the deceased person to seek compensation through a personal injury lawsuit if he or she survived.
Many accidents can result in a wrongful death, including the following:
Only certain individuals may bring a wrongful death claim to civil court on behalf of a deceased person. Illinois sets strict rules for this legal action — only the personal representative of the deceased’s estate may file a wrongful death lawsuit.
This personal representative may be a spouse, parent, adult child, or another close relative. If the deceased person never named an individual as a personal representative, the court may appoint one on his or her behalf.
The personal representative of the deceased’s estate can collect compensatory damages on behalf of the estate, the deceased’s surviving spouse, and the next of kin when he or she files a lawsuit. Illinois law allows you to collect whatever damages are just and fair with respect to the losses you and your family suffered as a result of the death.
Common damages in Illinois wrongful death claims include the following:
Some damages are payable to the deceased’s estate, such as his or her funeral and burial costs. Other damages go to the surviving spouse and next of kin directly, such as the emotional pain and suffering the family endures as a result of the death.
Did you recently lose a loved one due to someone else’s negligence? Duncan Law Group can help. Our attorneys have the experience and resources necessary to advocate for you and your family’s right to compensatory damages.
Contact us today to schedule a free case consultation with one of our Peoria wrongful death attorneys.