What is a wrongful death case?

When someone is killed due to the negligent conduct of another, the heirs will have the right to file an accidental death lawsuit. Illinois law allows a cause of action to be brought on behalf of family members of the deceased. The pain and suffering caused by a wrongful death is often difficult, even unbearable, and it can take years for a family to recover from the loss. Zayed Law Offices will be able to assist your family to recover compensation for medical bills and other expenses.

Who can bring a wrongful death claim?

Most states require that a wrongful death case is brought by a court appointed representative of the deceased person’s estate. This representative will bring the wrongful death case on behalf of and for the benefit of the deceased person’s spouse and children. Courts will often appoint one of the wrongful death claim beneficiaries as the personal representative.

Do heirs have to pay taxes related to wrongful death recoveries?

Settlements and verdicts relating to wrongful death claims are generally not taxable.

What if the wrongful death happened at work? Who can we pursue?

When someone dies at work, and it is the fault of the employer, the heirs will have recourse against the employer under the worker’s compensation act. However, if the wrongful death was caused by the negligence of someone other than the employer (i.e. sub-contractors, co-workers, defective products) there will be a valid claim against tortfeasors other than the employer.

When should an attorney be contacted?

After a tragic wrongful death occurrence, an attorney should be contacted as soon as possible. This will allow the attorney the opportunity to investigate and gather evidence while it is fresh. One thing to keep in mind is that insurance companies are usually very thorough in their investigations and they are also very quick to begin an investigation after an occurrence. Contacting an experienced wrongful death attorney after an occurrence is a good idea.

What types of damages are recoverable under the wrongful death statute in Illinois?

  • decedent’s felicity, care, attention, and guidance to family members;
  • personal services rendered by the decedent around the home;
  • decedent’s care of children;
  • decedent’s future earnings;
  • decedent’s spousal services.
  • punitive damages; and
  • pecuniary injuries.

Under Illinois law can the heirs of a wrongful death victim pursue compensation for losses suffered by the victim?

In Illinois, recoveries are allowed for losses suffered by the victim of a wrongful death occurrence. These “Survival Claims” are brought in order to recover compensation for injuries and losses suffered by an individual before succumbing to their injuries.

Want to learn more or setup a free, no obligation consultation? Contact Zayed Law Offices at 815.726.1616 or complete our short online contact form today.