Losing a loved one is a painful experience under any circumstance. If someone else’s negligent actions contributed to this death, coping with this loss can be even more painful — but Duncan Law Group can help.
You and your family may be eligible for compensation under a wrongful death lawsuit, and our attorneys can guide you through each step of this process. With over 15 years of experience in personal injury and wrongful death litigation, you can trust us to aggressively advocate for your best interests.
Illinois defines wrongful death as a death that results from someone else’s wrongful act, neglect, or default. One way to determine whether or not your loved one’s death qualifies for wrongful death litigation is to ask yourself if your loved one could have filed a personal injury lawsuit for the same accident if he or she lived.
Many accidents may result in a wrongful death, including the following:
All states have strict rules regarding who can file a wrongful death claim on behalf of a deceased person. In Illinois, the personal representative of a deceased person’s estate must file the lawsuit. This individual may be a spouse, adult child, or parent of the deceased.
The deceased will usually name his or her personal representative in his or her will. If the deceased did not leave a will or did not name a personal representative, the court will appoint one on his or her behalf.
You can collect two types of damages in Illinois wrongful death lawsuits: damages payable to the estate and damages payable to the family. All damages you collect in the claim must relate to your loved one’s death and the emotional and financial impact of the death, and be for the sole benefit of the surviving spouse and the deceased’s next of kin.
Damages payable to the deceased’s estate may include medical expenses related to the deceased’s last injury or illness and his or her funeral and burial expenses. Damages payable to the family may include loss of financial support and benefits, grief and sorrow, mental anguish, and loss of care and companionship.
If you recently lost a loved one due to someone else’s negligence or recklessness, you may be eligible to file a wrongful death lawsuit on his or her behalf. Contact Duncan Law Group as soon as possible to discuss your claim and learn more about your legal options. We are the best when it comes to all Urbana-Champaign personal injury claims.
We will help you determine whether or not you qualify for wrongful death litigation and how to best proceed. Schedule your free consultation today to begin the filing process.