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Losing a loved one is a terrible event made worse when their death was negligently caused by another. When a death is the result of someone else’s actions, that person’s loved ones could file a civil law claim for wrongful death. Through this legal mechanism, compensation could help alleviate some or all of the expenses and financial hardship incurred as a result of your loved one’s death.

An Orland Park wrongful death lawyer can assist you in understanding your legal rights and any potential claims you may have following the death of a loved one. A compassionate personal injury attorney can be an invaluable ally through this difficult time. En Español.

Defining Wrongful Death

Wrongful death is a legal term that refers to a civil claim arising from a death caused by the wrongful act or omission of another party. This action is separate and distinct from any criminal action taken by the state. This means that even if the state does not convict the individual, the family of the deceased can pursue a wrongful death claim in the civil court system.

A wrongful death claim is predicated on a theory of negligence which occurs when the responsible party did not act with reasonable care and that failure resulted in the injury. This is usually the underlying theory in cases involving slip and fall accidents, car accidents, and medical malpractice.

Filing a Wrongful Death Claim

Generally, a wrongful death claim is filed against the negligent party by the family members or beneficiaries of the deceased. The relationship of the person filing the claim to the deceased can affect the type of damages sought. As such, it is important to consult with an Orland Park wrongful death lawyer who can advise those considering filing a claim for potential wrongful death damages.

A wrongful death action must either be brought before an Illinois court within the statute of limitations for the underlying cause of action or within one year of the person’s death. This means that a wrongful death claim arising from a personal injury must be filed within the statute of limitations for personal injury which, in Illinois, is two years from the date of the accident.

Potential Compensation Available for Families

No amount of money can bring a deceased family member back, financial compensation cannot heal the emotional wounds that occur when a loved one suddenly dies. There are, however, several expenses and financial burdens that can be alleviated through a successful wrongful death claim.

In a wrongful death action, an Orland Park wrongful death lawyer could claim damages associated with any or all of the following:

  • Costs associated with emergency services and medical treatment to treat the decedent’s injuries prior to their death
  • The costs of after-death arrangements
  • Wages or salaries that the individual could have received but for their death
  • Damages associated with the grief and sorrow of losing a loved one
  • The loss of the deceased’s guidance and supervision over a child

Additionally, compensation sought through a wrongful death action is not intended to punish the defendant. Rather, the goal of a wrongful death claim is to compensate the deceased’s family for economic damages incurred as a result of the death.

How an Orland Park Wrongful Death Attorney Could Help

If a loved one suffered a wrongful death, you may be able to recover compensation. A compassionate Orland Park wrongful death lawyer can help you navigate the complexities of your circumstances and expertly advise you of your legal rights to compensation.

Do not bear the burden alone – contact a lawyer today. When grieving the death of a loved one, it can be difficult to keep track of deadlines. Contacting an Orland Park wrongful death attorney quickly could help alleviate some of these worries. Work with a determined lawyer that could help achieve justice for your loved ones.