Understanding Wrongful Death Laws in Illinois

 Posted on October 03,2018 in Personal Injury

The pain of losing a loved one can be incredibly traumatic. The tragic loss of a spouse or a family member can be especially difficult when the loss was caused by someone else’s negligence. While finances are often far away from the forefront of one’s thought process after a tragedy in the family, losing a family member, especially a spouse or parent, can have a monumental impact on one’s financial security. If you believe your loved one was fatally injured by the reckless or negligent actions of another party, you should understand your options for pursuing compensation through a wrongful death lawsuit. 

The Wrongful Death Act

Here in the state of Illinois, a death in which a party is liable is defined by the state’s Wrongful Death Act (740 ILCS 180). According to Illinois law, wrongful death occurs when the death of a person is caused by neglect or a wrongful act that would normally constitute a personal injury suit if the injuries suffered were not fatal. Common situations involving wrongful death include fatal injury suffered in a car accident, death in a workplace accident, or the negligence of a nursing home employee ultimately leading to the death of a resident.

The Survival Act

While the Wrongful Death Act addresses the damages caused to a victim’s family members, another law, the Survival Act, allows for a victim’s estate to pursue compensation from the person responsible for their death. A lawsuit filed under the Survival Act can seek to recover damages caused by the negligent party to the victim, such as medical expenses, lost income, property damage, and pain and suffering. Any compensation recovered will be paid to the deceased person’s estate, and it will then be distributed to their next of kin according to the terms of their last will and testament.

If you believe the death of your loved one was caused by the actions of another party, you should contact a personal injury attorney right away, as there is most likely a limited time frame within which to bring an action.  

Set Up a Free Consultation With a Will County Personal Injury Lawyer 

At Flaherty Law, LLC, we understand just how difficult it can be to recover from the death of a family member. We also understand the financial implications that can be brought on by the passing of a loved one. If a member of your family has suffered fatal injuries that were caused by another person’s negligence, it is likely that you can file a wrongful death and survival action. Attorney Daniel Flaherty is dedicated to helping victims recover from the negligent and reckless actions of others. To set up a free consultation with a Plainfield wrongful death attorney, call us today at 815-577-7500. 

Sources: 

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57