Few things are more traumatizing than losing a loved one. This event can be even more devastating when someone you love was killed due to another person’s or company’s careless or reckless actions.
If you have lost a loved one because of another’s negligence, you are entitled to file a wrongful death claim. A Fulton Market wrongful death lawyer could use their experience to compassionately fight for all the rights that are due to you in the wake of your loss. The emotional suffering that can arise from the wrongful death of a loved one may feel impossible to recover from. With a personal injury attorney on your side, you will not have to contend with this suffering on your own at such a difficult time.
A wrongful death occurs when a decedent’s death is caused by the negligent act or omission of a third party who owed the decedent a duty of care. When that duty of care is breached and death arises as a result, the surviving family can pursue a wrongful death claim. There are many causes of wrongful deaths, but some of the more common include the following:
A Fulton Market wrongful death attorney could help those who lost a loved one to negligence determine if the at-fault party breached a duty of care, potentially leading to financial compensation.
When dealing with a wrongful death claim, two main state statutes specifically address the surviving family members’ rights.
The Wrongful Death Act affords rights to the decedent’s surviving next of kin. In particular, the Act confirms that the defendant will be liable for damages. The Wrongful Death Act also outlines who will be entitled to those damages, usually being the surviving spouse and children of the decedent.
The surviving next of kin of the decedent in a wrongful death claim is also afforded legal rights through the Survival Act of Illinois. The Survival Act is different from the Wrongful Death Act, as it prescribes that the surviving family members of the decedent may still pursue a claim for damages suffered notwithstanding the death.
In addition to the specific legislation surrounding wrongful death claims, it is also crucial for the claimant to be aware of the relevant statute of limitations. A wrongful death claim must be brought within two years of the decedent’s death in the state. As this is a relatively short time frame, it is important to consult with a Fulton Market attorney as soon as possible once the wrongful death has occurred.
If you and your family have lost a loved one due to negligent acts, the law affords you certain protections and rights to work toward recovery. Call a Fulton Market wrongful death attorney today to receive a consultation on the merits and legal procedures for your case.
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