Whether they result from avoidable accidents or violence, most injuries can be treated with rehabilitation or medication. Unfortunately, some circumstances result in deaths that affect victims and their families. When these events result from negligence or criminal activity, the decedent’s surviving family members can seek compensation for their losses.
An Aurora wrongful death lawyer could help you and your family to regain stability after your loved one’s death. Additionally, a personal injury attorney can work to investigate the circumstances of the individual’s death, measure how that experience has impacted their family, and demand that the negligent party pays fair compensation to surviving family members.
Wrongful Deaths Under State Law
The first question to answer concerning a family member’s passing is whether their death is wrongful under state law. According to 740 ILCS 180/1, a wrongful death is the product of someone’s recklessness, negligence, or omission. Common examples of negligence that results in death include:
- Traffic accidents
- Slips and falls
- Workplace accidents
- Medical malpractice
- Nursing home abuse
- Defective products or dangerous drugs
- Intentional acts of violence
When evaluating whether another party is responsible for the incident, family members must determine if the circumstances of their loved one’s death fall within the guidelines of the Illinois laws regarding standard personal injury cases. For example, under this same statute, family members are entitled to compensation if the victim would have been able to pursue a personal injury case had they survived the incident. That said, the success of a wrongful death case depends on whether the plaintiffs can prove that a defendant was liable for their loved one’s untimely passing. The best way to ensure a favorable outcome of a wrongful death claim is to hire a seasoned Aurora attorney who could fight to prove negligence in court.
Recoverable Compensation for Negligent Death Claims
One key thing that separates wrongful death cases from typical civil claims is who can pursue compensation. According to 740 ILCS 180/2, only the personal representative of the deceased person’s estate can bring a case to court demanding compensation. In addition, these cases can only demand payments for the decedent’s surviving spouse and family members.
Unlike in other states, there is no limit on the compensation a jury may award to a decedent’s loved ones in Illinois. Likewise, the jury can award any payment they feel is appropriate for the family’s grief, sorrow, and mental suffering.
A knowledgeable lawyer in Aurora could work to put an accurate dollar value on a case and fight to get a person’s family the stability and comfort they deserve in the wake of their loved one’s passing.
Reach out to a Wrongful Death Attorney in Aurora After the Unexpected Loss of a Loved One
A wrongful death can occur under a variety of circumstances, including traffic accidents, slips and falls, defective product cases, and even medical malpractice. Anyone responsible for one of these acts may be liable to provide compensation to surviving family members for their economic and emotional losses.
Contact a dedicated and compassionate Aurora wrongful death lawyer today. A legal team member could explain the state’s wrongful death laws, lead an investigation into the incident, measure how the event has impacted a family, and pursue the case for all appropriate compensation on behalf of the decedent’s family members. Call the Law Offices of R.F. Wittmeyer, Ltd. today.