While there is no way to make up for losing your loved one, there may be a way to obtain justice and compensation for their spouses, children, and parents. One way to achieve this goal may be to pursue a wrongful death claim.
However, obtaining proper compensation following a death is rarely easy. Fortunately, a Champaign wrongful death lawyer could help you and your family through this process. Our experienced team of legal professionals can work with your family to investigate the cause of your loved one’s death, determine if another party is legally responsible, and demand that the responsible parties provide the compensation that you need to move forward with life.
When is a Death Grounds for Civil Action?
There is no doubt that every death is a tragedy. However, not every death is the basis for a civil action or a wrongful death claim. Generally to have a viable wrongful death claim, it is necessary to prove that it was another party’s fault.
Illinois law provides a definition of a wrongful death that family members must be able to prove to collect compensation following the incident. According to 740 Illinois Consolidated Statutes § 180/1, a wrongful death is one that arises out of the wrongful act, neglect, or default of another. Put a differently, an claim is appropriate if the defendant’s actions would have entitled a victim to pursue a personal injury case had they survived the incident.
A wrongful death action may arise under a number of circumstances, including:
- Truck, motorcycle, or car accidents
- Medical malpractice
- Slips and falls, or other incidents that happen on another’s property
- Asbestos exposure
- Animal attacks
- Drowning accidents
- ATV and boating accidents
- Farm and agricultural accidents
- Workplace injuries
- Construction site injuries
- Defective product cases
- Collisions involving crashes between bicycles or pedestrians and vehicles
A Champaign attorney could help family members to better understand the applicable law concerning wrongful death and investigate the facts and circumstances of the case to determining whether another party was responsible for the incident.
Seeking Out Fair Compensation After a Losing a Loved One
Deaths affect more than just the decedent. The law recognizes this fact in allowing surviving family members to seek out compensation for their losses. This compensation can include payments for:
- Medical bills
- Funeral costs
- Lost wages due to the death of an earner
- Emotional comfort
- Loss of parental guidance
- Loss of society
- And damages for sorrow, grief, and mental suffering.
With this in mind, only certain people can demand compensation through a wrongful death case. According to 740 ILCS 180/2, only a surviving spouse and next of kin to the decedent can receive compensation through a wrongful death lawsuit. In addition, only the personal representative of the decedent’s estate has the power to bring these cases to court. A wrongful death lawyer in Champaign could help family members evaluate their claim for damages by examining how the event has changed their lives and take the lead in filing appropriate cases that seek out the necessary and appropriate compensation.
Reach Out to a Champaign Wrongful Death Attorney Now
An unexpected death will place a lot of strain on a family. Families will need to consider how they will handle expenses as well as how to mentally cope with the event.
Seeking compensation through a wrongful death lawsuit could help bring comfort and stability. Our compassionate Champaign wrongful death lawyers could assist your family with this pursuit. Consultations in these cases are free and confidential. Call our office today to speak with a member of our team.