Wrongful Death Under Illinois Law

by | Nov 19, 2015 | Law Services

If a wrongful death occurs in Illinois, the state has legislation to handle it. A wrongful death attorney can take the case to court as a civil matter under the Wrongful Death Act (740 ILCS 180/). It requires that the death does fit the definition within the act of a “wrongful death.” It also demands that those involved are completely aware of the specifics regarding this piece of legislation.

A Wrongful Death in Illinois

In Illinois, if a death occurs in Marengo because of someone else’s wrongdoing or negligence, the family of the victim or its estate can launch a claim under the Illinois Survival Act.  Yet, a wrongful death attorney may also find a suit should be filed against the negligent party or entity under the Wrongful Death Act. This is possible if the various members of the victim’s family suffered a loss that was substantial.

Unlike other cases, a wrongful death falls under the category of civil law. The only person who can bring the matter to court is the personal representative of the estate of the deceased. In terms of liability – the wrongful death attorney must clearly express the amount solely in terms of monetary damages.

Who Is Entitled to Receive Compensation for a Wrongful Death?

Illinois law is specific. Those who are entitled to receive compensation under the Wrongful Death Act must fall into the category of “blood relatives of the decedent.” In other words, the right to sue as well as the individuals to recover the money includes such people as:

  • Surviving Spouse
  • Parent of a child – a deceased minor
  • Deceased’s adult child

The law refers to them as a “personal representative” of the deceased. If one is lacking, the court can and will appoint one.

Damages in a Wrongful Death Suit

Damages a personal representative is entitled are clearly defined under Illinois law. A wrongful death lawyer can provide you with a list of both special and general damages the family members in Marengo may be eligible for as compensation. The compensation is to cover such things as:

  • Present and future contributions – including goods, services and benefits
  • Grief
  • Funeral expenses
  • Sorrow
  • Anguish
  • Mental suffering
  • Emotional distress

Contact a Wrongful Death Attorney

If your spouse, partner, child or other close family member dies in Marengo, IL, as the result of the negligence or actions of another, you may have the right to sue. Compensation for your loss is possible under the Illinois Wrongful Death Act. Before you take action, be sure to contact a specialist in this matter – a wrongful death attorney.

Have you and your family suffered because of the negligence of another individual or company. Has it resulted in the death of a loved one?  In Marengo, a Wrongful Death Lawyer at Fisk & Monteleone Ltd. will work with you to obtain compensation. As professionals in the field of personal injury law, we understand how to apply it for your benefit. Let us work with you to help you get what you and your bereaved family deserve. To learn more about who we are and what services we provide, visit us online at www.yourrockfordlawyers.com.

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