Losing a loved one is detrimental to the entire family, but losing a loved one to circumstances that could've been avoided is even more traumatic. A wrongful death implies that the actions or negligence of another party caused the victim's death. The event is often a criminal infraction, the use of a dangerous product, medical errors, or automobile accidents. After a person dies due to no fault of their own, their family starts a civil lawsuit for the unjust fatality.
Defining 740 ILCS 180: Wrongful Death
The legislature defines the causes of the event that brought about the death as either neglect, default, or a wrongful act. Under the law, families are entitled to start a civil lawsuit against the accountable party to collect compensation for all economic and non-economic losses resulting from the specified event. The damages begin with all medical costs and funeral expenses incurred by the victim's loved ones.
Non-economic damages are tort-based allegations, including pain and suffering, mental anguish, the loss of companionship, or the loss of financial support. The court calculates a monetary award according to the severity of the victim's injuries and how the death affected their spouse, children, or parents financially. Families can contact personal injury attorneys and get started on a case now.
Intentional Bodily Harm and Infractions
There will be a case in the criminal and civil court if a person dies as a result of assault and battery, domestic violence, or any crime. The civil lawsuit addresses monetary losses, and the family files it to collect compensation. In criminal court, official charges are imposed on the defendant.
The victim's loved ones receive restitution if it is ordered by the judge. It is a financial award associated with certain fines according to what malum in se violation was committed. There aren't any guarantees that the victim's family will receive an award in either case, but lawyers can help with evidentiary support in the civil case. The prosecution works with law enforcement to collect support for the criminal case.
Manufacturers, Surgeons, and Commercial Property Owners
Personal injury cases could originate from a variety of events. The lawsuits begin from product's liabilities, medical malpractices, and slip and fall accidents. When bringing a claim to the court, the victim must have evidence that links their injuries to the exact event identified in the documentation. Forensic testing is a must for dangerous product claims.
With medical malpractice cases, the doctor must cause a surgical error, misdiagnose the patient, or administer the incorrect medication or dosage. For slip and fall accidents, the property owner must be aware of the hazard due to its location or circumstances.
Wrongful death constitutes a fatality that didn't have to happen or could've been prevented. The case must prove that the defendant's actions, neglect, or negligence caused the victim's death. The civil lawsuit helps their family collect compensation for all economic losses related to healthcare or funeral expenses.
Non-economic losses are brought when a person dies who was the sole financial supporter for a spouse, children, or other family members. The tort-based allegations include the loss of companionship or pecuniary support. The claimants must show records to support these allegations before the court provides the monetary awards, and the family must show that the defendant is directly or indirectly responsible for the victim's death.