CHICAGO, IL – When an innocent individual dies from catastrophic injuries caused by another’s negligence or intentional act, surviving family members can seek compensation for a wrongful death claim. While the individual may have passed away from injuries, wrongful death claims differ from personal injury claims.
What is a wrongful death claim?
A wrongful death claim is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person (Cornell Law School).
What damages can be recovered in a wrongful death claim?
Illinois law requires that a wrongful death claim be brought by the victim’s estate, meaning whoever is serving as the estate executor or administrator is responsible for bringing forth the claim. If there are multiple surviving family members are dependent on the deceased for financial support, the recovery will be allocated accordingly.
Damages that can be recovered in Illinois include payment for the deceased medical bills before their death, as well as non-economic damages such as pain and suffering. Additional compensation is available as a result of a loved ones death like compensation for the loss of financial support, grief, sorrow, mental suffering, and loss of companionship.
How does wrongful death claims differ from personal injury claims?
While both claims are based on negligence, wrongful death claims differ from personal injury claims in a variety of ways. The victim of negligence who has passed away has died from the injury sustained in the accident.
Furthermore, a wrongful death claim is filed by the descendants estate rather than filing for themselves in a personal injury claim. The personal representative in charge of the descendants estate is responsible for bringing forth the lawsuit. If no lawsuit is opened, the court can appoint a personal representative to pursue the wrongful death claim in civil court.
The types of compensation that can be recovered are also different. In a personal injury claim, the injured person would file a claim seeking to recover compensation for any expenses or losses they have incurred as a result of the injury. This may include medical expenses, physical pain, emotional suffering and distress, and reduced quality of life. On the other hand, a wrongful death claim can seek compensation for personal, intangible losses like loss of financial support, companionship, loss of guidance, advice, and instruction, and more. It’s important to consult with an experienced wrongful death lawyer to see what damages can be recovered in your case.
While personal injury and wrongful death claims typically have a two-year statute of limitations, this time begins at different points. A personal injury claim statute of limitations begins on the day of the accident or the date whereas the wrongful death claim begins the day of the decedent’s death.
How the Dinizulu Law Group can help!
Our team of skilled wrongful death attorneys have a proven track record of recovering millions in compensation for our clients. If you or your family has lost a loved one due to injuries they’ve suffered because of another’s negligence, the wrongful death attorneys at the Dinizulu Law Group can help you today with a free consultation by calling (312) 384-1920. We have the resources, knowledge, and skills available to help you now.