waukegan wrongful death lawyers
People die for many reasons. Most people die from conditions related to aging. However, someone may pass away because of another person’s actions. Someone may contribute to another person’s death in many ways. For example, an employer may not take all necessary safety precautions when the employee is asked to operate heavy machinery. If the employee is killed the company owners or manager failed to take into account the need to keep such rules in place and failed to provide the employee with the means to protect themselves, the employer may be found guilty of what is known as negligence. A person may also die because they were deliberately harmed in some way by another person who murdered them or hurt them and such injuries later led to their death.
Part of holding people and companies responsible for the death of another person can be via a means of filing a wrongful death lawsuit. The concept of wrongful death differs significantly from issues that are heard in a criminal court. In a criminal court, someone accused of specific behaviors such as murder or homicide must be convicted on the basis of evidence indicating beyond a reasonable doubt. However, in a civil court, the same evidence is given different weight. A person may be acquitted of murder. However, they can be charged with the wrongful death.
People can file a wrongful death in court with the assistance of Waukegan wrongful death lawyers. The wrongful death lawsuit must be brought only under certain circumstances. Someone cannot bring a lawsuit on behalf of their co-worker. Instead, the widow or the survivors must bring the suit on behalf of the deceased. They can sue for several different kinds of damages.
Types of Damages
In general, the survivors can bring two types of wrongful death lawsuits. Each lawsuit must generally meet one of these requirements. The first type of wrongful death lawsuit seeks to recover damages during the period of the initial problem that caused the person to die until the time they actually died.
For example, someone may have been in a car crash caused by another driver’s failure to observe the rules of the road. The person may have been initially harmed by the accident. However, they may not have died immediately. During this time, the person may have incurred many types of expenses. Treatment for the aftermath of their injuries may have included specific charges such as medical issues for therapies and operations that piled over time until their final demise.
The survivors sue the person responsible for pain and suffering during this time. They can also sue the person or company responsible for any wages that were lost if the person is employed in any way. In addition, the survivors can also ask for money to cover the deceased burial and funeral costs.
In the aftermath of the death, the law also recognizes another kind of damage that can exist because of wrongful death. In many cases, the defendant brought in an income that served as the family’s primary income. Or, they may have earned additional funds that contributed to the family’s financial well being. The lost wages typically include the amount of the money the person would have earned until their eventual retirement. A thirty year old man may have had at least thirty years of potential income before being harmed by the person or corporation responsible for the wrongful death. The law can take this into account and offer the survivors the amount of money that would have been earned had they lived.
A lawsuit may also take into account the love, help and emotional assistance the deceased would have been able to provide to a spouse and their children had they lived.
When awarding financial damages, three specific categories of people can claim compensation under this type of lawsuit. The deceased spouse can file for missed companionship as well as help with tasks such as raising children. Waukegan wrongful death lawyers can also file a lawsuit on behalf of the deceased’s minor children. This does not apply to adult children of the deceased who are already self supporting. A parent can also bring a lawsuit on behalf of their minor children in the event that someone or individuals running a company caused their premature death. Parents cannot bring a lawsuit on behalf of their adult children. Lawyers can help anyone determine if they can file such a lawsuit.