Losing a loved one is extremely difficult no matter the circumstances, but rarely more so than when a death occurs due to the careless actions of an individual or company. If your family member passed away due to an accident, you may wish to know who is responsible for the accident and how to hold those parties accountable for their negligence.
In the face of negligence that leads to a loved one suffering fatal injuries, you have legal options that a personal injury attorney could help you pursue. Once retained, an experienced Dolton wrongful death lawyer could help you pursue justice after a wrongful death.
Almost all fatal injuries could amount to a wrongful death claim. However, the following types of incidents most commonly give rise to such claims:
Many lawsuits alleging wrongful deaths are based on the theory of negligence. For example, if someone was fatally injured during a motor vehicle collision, the at-fault driver may have been legally negligent if they failed to exercise the reasonable care expected, such as failing to stop at a red light.
Death from elder home abuse or due to improper medical care may involve professional negligence. Pharmacists, physicians, and nursing home professionals may be liable for someone’s death if they fail to meet the standard of care expected in their discipline.
It can be valuable to understand the duty that an individual or company owed to the deceased before filing a lawsuit. Once this duty is established, a wrongful death lawyer in Dolton could help identify any breaches of the duty that may have led to the death of a loved one.
Illinois state law allows certain individuals to file a wrongful death action when a death occurs due to wrongful acts or negligence. Under 740 Illinois Compiled Statutes 180/2, the deceased’s surviving husband or wife and heirs may recover compensation. However, a personal representative of the deceased must be the one to bring the wrongful death action on behalf of the decedent’s beneficiaries.
Damages which may be awarded for a wrongful death action in Dolton may include compensation for loss of economic support, grief, and mental suffering. The losses related to mental suffering may not have a clear economic value, but a lawyer experienced in handling cases relating to end of life accidents could quantify damages and evaluate the potential for compensation.
An estate representative generally has two years from the date of death to file a wrongful death action. Failure to file within this strict deadline may result in potential plaintiffs being barred from recovering compensation entirely.
If you recently lost a loved one due to another’s negligence, you may be faced with unexpected medical expenses, funeral costs, and fear about your financial future on top of your grief over losing a family member. Fortunately, a Dolton wrongful death lawyer could protect you and your family’s interests. Contact an attorney today to discuss the accident that led to death and how to pursue compensation from the potentially liable parties.