After losing a loved one, there is nothing that can be said or done to provide you with the solace and recompense that you deserve; losing a child, parent, or spouse is tragic. At the law offices of Brassfield Krueger & Ramlow, Ltd., our attorneys have represented many individuals and families who are coping with the wrongful death of a loved one, and have questions about what steps to take next. While nothing can change what happened, our law firm is committed to assisting you in the recovery of compensation that can be used to improve your future.
A wrongful death action is a type of suit that is brought forth in civil court, and is brought to seek damages to compensate a surviving spouse and next of kin for the death of a loved one. As found in 740 ILCS 180, a wrongful death action may be brought forth whenever the death of a person results from the “wrongful act, neglect, or default” of another, and when the deceased party would have been able to bring forth a personal injury action against the at-fault party had injuries not resulted in death.
Illinois law places a limit on who is able to bring forth a wrongful death action. In fact, only the personal representative of the deceased party is able to file an action. However, the personal representative may be a spouse, grown child of the deceased, or other adult relative.
While only the personal representative of the deceased is permitted to bring forth an action, damages recovered in a wrongful death claim will be distributed to relatives and dependents as the court finds to be appropriate. The types of damages that a party in a wrongful death action may be able to recover include compensation for funeral and burial expenses, medical expenses incurred prior to death, the value of the decedent’s lost wages and earning capacity, and compensation for noneconomic losses like grief, sorrow, loss of companionship and care, and more.
Losing a loved one is something that is very difficult to go through, and taking on a legal action is probably the last thing that you want to have to worry about. Our McHenry wrongful death lawyers empathize with you, and are prepared to handle all legal aspects of your claim on your behalf. We have the experience and knowledge of the law you’re looking for, and have helped families like yours seek compensation after the death of a family member.
If you have questions about why you should bring forth a wrongful death action, what you’ll need to prove, the amount of damages that may be available to you, or what our lawyers do, please contact us today to schedule your free consultation.
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