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The unexpected loss of a loved one can difficult to experience. However, when the death could have been prevented, this process can be even more challenging. To provide the decedent’s surviving relatives with legal recourse, state law allows for the filing of a wrongful death action.
A Riverdale wrongful death lawyer could advocate on your behalf and help you seek justice for your loved one’s untimely passing. While financial compensation cannot bring your loved one back, these monetary damages can help your family cover the expenses stemming from this devastating loss. Speak to a compassionate personal injury attorney to discuss your case.
The Illinois Wrongful Death Act offers a path for recovering monetary compensation for the family of the victim of a wrongful or negligent act per 740 Illinois Compiled Statutes 180. Some common grounds for wrongful death claims include car wrecks, workplace injuries, or even acts of violence.
These cases cover claims that the victim would have the right to bring had they survived their accident. However, they are not identical to standard negligence claims as burial and funeral expenses are also available. Given that the victim is unable to bring a claim on their own behalf, the Act allows other individuals to move forward in their place.
According to state law, the personal representative of the estate is empowered to bring the wrongful death suit. While an estate plan typically names a personal representative, the court has the power to appoint one if the plan fails to do so, or the person is unable to serve. The court commonly appoints surviving relatives in line to recover any proceeds from the suit, including the deceased person’s spouse or child. If the court intends to appoint a personal representative, a Riverdale wrongful death attorney could help an heir pursue the role in court. If the lawsuit is successful, the representative should distribute the proceeds of the suit pursuant to state law.
When a personal representative brings a wrongful death claim, they do so on behalf of the deceased person’s heirs. State law is clear that the proceeds of a successful claim go exclusively to a deceased person’s surviving spouse and their next of kin. In practice, these damages are only paid to the next of kin if there is no living spouse. The courts can award compensation not only for the funeral and burial costs but also for any medical expenses related to the cause of the deceased person’s passing. Additionally, damages could also be available for the grief and sorrow of the surviving spouse. A dedicated Riverdale wrongful death attorney could assist the personal representative with identifying available damages in the case.
Working with a Riverdale wrongful death lawyer could help you obtain the compensation you and your family need following the loss of a loved one. With the help of an experienced attorney, you could hold the negligent party accountable in court.
When you are ready, a compassionate attorney is here to help.