Chicago, Illinois Lawyers for Wrongful Death Lawsuits | The Law Offices of Barry G. Doyle, P.C.

Practice

Blog

Wrongful Death Lawsuits

When a family member is killed in any kind of accident there is a potential for a wrongful death case. The liability of the person responsible for the death is determined by the law for that type of case, such as for car accidents, truck accidents, slip and fall cases, FELA cases, construction accidents, medical malpractice cases, and any other type of case involving an unsafe product or other case which results in fatal injuries.

Components of a wrongful death case

There are two parts to a wrongful death case:

The survival action - for the conscious pain and suffering and other damages the deceased person suffered before his or her death.
The wrongful death case - this is brought by the surviving family members seeking compensation for their losses.

The Illinois Wrongful Death Act

This law provides that the next of kin are permitted to receive compensation for pecuniary injuries resulting from the death of their family member.

The term pecuniary injuries refers to:

The economic support that the next of kin would have received during the lifetime of the deceased.
The loss of society of the person who was killed. This means the loss of the family relationship.

The Illinois Wrongful Death Act was recently amended to allow the surviving families to recover compensation for their grief.

Who files the wrongful death lawsuit?

Only one person is permitted to control the wrongful death claim. If the deceased had a will, the executor of the estate would control the wrongful death suit. The executor has a legal obligation to protect all beneficiaries of the estate, and this means he or she has the duty to file a wrongful death suit if the facts warrant doing so.

If the deceased had no will, a family member must be appointed as special administrator of the estate. The special administrator, like the executor, has an obligation to protect the interests of all the beneficiaries of the estate.

Damages recoverable

The total amount of damages recoverable include:

Pain and suffering
Medical expenses
Lost wages sustained prior to death
Loss of economic support
Loss of society sustained by the next of kin
The grief experienced by the surviving next of kin

The total dollar figure will vary from case to case, but the standard jury instructions given in every wrongful death case state that the law presumes the amount of damages sustained is substantial.

Medical witnesses

Our experience in handling wrongful death cases allows us to identify key witnesses who can establish pain and suffering prior to death. These are often medical personnel whose names appear in medical records only as a scrawled notation or an initial. Witnesses who can testify as to the final moments before death are often powerful witnesses.

Showing the family's loss

Our experience also allows us to explore the full extent of the economic losses a family sustains as a result of the death of a parent, spouse, child, or sibling. At trial, we show the jury how important the lost family member was through photos, videos, and stories. These show the value of each of us to our families.

Statute of limitations

The statute of limitations in Illinois for wrongful death cases is determined by the statute of limitations for the underlying case.

Therefore, for most cases, it is two years, but only one year for cases involving municipalities and other local governmental units. Careful investigation is often required to ensure a full recovery, so when you suspect that there is a basis for a wrongful death lawsuit, you should act as quickly as possible.

The Law Offices of
Barry G. Doyle, P.C.
100 W Monroe St.,
Ste 2100
Chicago, IL 60603

Phone: 312.263.1080
Fax: 312.263.0153

Proudly Serving Many Illinois Cities and Counties, Including:
Chicago, Aurora, Rockford, Naperville, Joliet, Waukegan, Geneva, Sycamore, Woodstock, Kankakee, Morris, Ottawa; Cook, DuPage, Will, Lake, Winnebago, DeKalb, McHenry, Kankakee, Grundy, LaSalle, Peoria, McLean, Champaign, Tazewell Counties

Blog for Wrongful Death Lawsuits

Library for Wrongful Death Lawsuits:

What Services Does an Illinois Wrongful Death Lawyer Provide?
Description: Experienced Illinois wrongful death lawyers provide a variety of services to make sure that their clients achieve the maximum possible recovery in a wrongful death suit.
Who Gets to File an Illinois Wrongful Death Suit
Description: When there is an Illinois wrongful death suit, it must be filed by the executor or the administrator of the estate. This article offers an outline on the powers and responsibilities of the executor or administrator in an Illinois wrongful death suit.
Importance of Insurance Coverage in Illinois Wrongful Death Suits
Description: Illinois wrongful death suits have the potential to bring in substantial compensation the surviving next of kin. However, the importance of having available insurance coverage cannot be underestimated.
Who Is a Beneficiary That Can Collect Damages in an Illinois Wrongful Death Suit?
Description: In an Illinois wrongful death suit, exactly who can collect damages under the Wrongful Death Act is an important question for survivors of a wrongful death accident. The answer is that the next of kin can recover those damages, but who is the next of kin may be surprising.
Overview of Illinois wrongful death suits
Description: The Chicago, Illinois personal injury lawyers at the Law Offices of Barry G. Doyle, PC offers thsi free information regarding the wrongful death suits resulting from medical malpractice, car accidents, construction accidents, and other wrongful conduct.
The Importance of Medical Evidence in Illinois Wrongful Death Suits
Description: The experienced Chicago wrongful death lawyers at our law firm are prepared to locate medical evidence to prove your Illinois wrongful death case. This article addresses why this is a crucial part of successfully prosecuting an Illinois wrongful death suit.