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Giacoletto Law Firm

The Basics of a Wrongful Death Claim in Illinois


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5/30/2014
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When a family member is killed in any kind of accident, there is a potential for a wrongful death case. The liability of the person responsible for the death is determined by the law for that type of case, such as for car accidents, truck accidents, slip and fall cases. FELA cases, construction accidents, medical malpractice cases, and any other type of case involving an unsafe product or other case which results in fatal injuries.

Components of a wrongful death case

• The survival action—for the conscious pain and suffering and other damages the deceased person suffered before his or her death.
• The wrongful death case—this is brought by the surviving family members seeking compensation for their losses.
• The economic support that the next of kin would have received during the lifetime of the deceased.
• The loss of society of the person who was killed. This means the loss of the family relationship.

Who files the wrongful death lawsuit?

• Only one person is permitted to control the wrongful death claim.
• If the deceased had a will, the executor of the estate would control the wrongful death suit.
• If the deceased had no will, a family member must be appointed as special administrator of the estate.

Damages recoverable

The total amount of damages recoverable include:

• Pain and suffering
• Medical expenses
• Lost wages sustained prior to death
• Loss of economic support
• Loss of society sustained by the next of kin
• The grief experienced by the surviving next of kin.

To get more information about Wrongful Death lawsuit in the State of Illinois, call the Giacoletto Law Firm at 618-346-8841 or toll free at 888-346-8841 to speak today with an experienced Illinois attorney centrally located in Collinsville.



Category: Auto Accidents and Personal Injuries

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