Losing a loved one is a devastating experience. If you know your loved one’s death was preventable, the emotional anguish and turmoil can increase significantly. In these situations, you and your family may be eligible for compensation under a wrongful death lawsuit.
Filing a Quad Cities wrongful death lawsuit alone can be stressful and intimidating. Trust the attorneys at Duncan Law Group to represent your claim and use the full extent of our resources to craft a compelling case in your loved one’s favor.
States define who may file a wrongful death claim on behalf of a deceased person. Illinois and Iowa share similar, but very different, rules when it comes to these lawsuits.
In Illinois, the personal representative of the deceased person’s estate must file the claim. This person may be a spouse, parent, adult child, or another trusted individual. If the deceased did not name a personal representative, the court may appoint one.
On the other hand, Iowa allows the following parties to file a wrongful death claim on behalf of a deceased person:
If none of the other parties are available to file a claim and the deceased did not name an administrator, an Iowa court may appoint an administrator on his or her behalf.
Iowa and Illinois have similar rules regarding what damages you can claim in a wrongful death lawsuit. Illinois requires damages in wrongful death lawsuits to be for the exclusive benefit of the deceased’s surviving spouse and next of kin. The jury may award whatever damages they deem fair and just.
In Iowa, the types of damages you claim also depend on the facts of your claim. These damages may include funeral and burial expenses, final medical costs, lost wages and benefits, and pain and suffering damages for both the family and the deceased.
In both states, certain damages may go to the deceased’s estate and certain damages may go to the deceased’s family members. For example, funeral and burial expenses may go directly to the estate, while family members will typically receive pain and suffering damages and lost wages.
Have you recently lost a loved one due to someone else’s negligence or recklessness? Duncan Law Group can help. With over 15 years of experience in personal injury and wrongful death litigation, you can trust our attorneys to represent your family’s best interest in the courtroom and at the negotiating table. Contact us today by calling (312) 202-3283 or fill out our convenient online form.