Losing someone you love at the hands of another person’s negligence is one of the most devastating things a family will ever face. When the recklessness of someone else causes a spouse, parent, or another family member to sustain fatal injuries in an accident, you could have grounds for a wrongful death case.
The civil court process is complex, and there are often many obstacles to overcome. A compassionate personal injury attorney from Costa Ivone, LLC could take the lead in navigating these legal challenges so that you and your family can grieve and focus on healing. Reach out to schedule a meeting with a Plainfield wrongful death lawyer today.
Common Causes of Wrongful Death
A wrongful death happens when a person or entity knowingly or negligently causes another person’s passing. Accidents resulting in fatal injuries can happen in a variety of scenarios. Some of the most common wrongful death causes include:
A Plainfield wrongful death attorney could thoroughly investigate the details surrounding an incident to determine its cause and who should be held responsible.
The Wrongful Death Act
The Illinois Wrongful Death Act allows the executor of an estate to act as the liaison between beneficiaries and to file an action in civil court against the at-fault person or business. If a current will is in place, the deceased may have named a personal representative.
When there is no will, the probate court will choose a person, usually a family member or friend, to handle these duties. Under 740 Illinois Compiled Statutes § 180/0.01, the estate must commence legal action within two years of the event leading to the wrongful death. A Plainfield wrongful death attorney could ensure compliance with the statute of limitations and handle the legal work on the family’s behalf.
Damages in Wrongful Death Cases
The civil court will award damages if there is proof that the defendant’s negligence caused the accident leading to the wrongful death. The settlement will go to the surviving spouse, family, or the decedent’s estate.
According to the 740 Illinois Compiled Statutes § 180/2, this compensation is meant to reimburse the surviving spouse, children, and family for the financial damages and losses they suffer as a result of the decedent’s passing. This can include:
- Medical expenses for the injury leading to death
- Burial and funeral expenses
- Loss of financial support and inheritance
- Mental suffering and emotional anguish
- Loss of companionship and consortium
- Loss of guidance, education, and instruction
A wrongful death attorney in Plainfield could help collect the evidence needed to prove damages and collect a just award amount.
Call a Plainfield Wrongful Death Attorney for Caring Guidance
Civil laws entitle you to pursue compensation through legal action when the negligence of another causes the wrongful death of a loved one. A settlement will never change what they did or bring your family member back, but it could allow you to hold them accountable and give your family the financial means to move forward.
Call a hard-working Plainfield wrongful death lawyer when you need help.