Losing a loved one due to someone else’s negligence is devastating, and that person’s death may have implications far beyond feelings of grief. You and your family may be in a tough position without the decedent’s contributions. Not only is there a loss of income, but you will experience a void when you cannot rely on guidance, emotional support, education, assistance, and other factors. Illinois law allows you to file a claim for wrongful death, but these cases are complicated if you do not have a legal background.
Our wrongful death attorneys at the Law Office of Brassfield, Krueger & Ramlow, Ltd., empathize with your overwhelming situation, which is why we are dedicated to helping you get your life back as much as possible under the circumstances. For decades, we have been assisting families who lost loved ones in accidents caused by negligence, helping them recover compensation from the responsible parties. We serve clients throughout Winnebago County and Northern Illinois, and we are here to see you through these difficult times.
Under Illinois’ wrongful death statute, designated individuals may recover compensation from a party whose negligence caused the death of the victim. This type of claim is filed by the personal representative of the decedent, but the monetary amount is for the benefit of the victim’s surviving spouse, children, parents, and other next of kin as defined by law.
The personal representative charged with filing a wrongful death action may be the person appointed as executor in the deceased’s will; however, if the victim died without a will, the individual appointed as administrator of the decedent’s intestate estate may file the claim.
The underlying theory in a wrongful death action is that certain family members suffer damages due to the passing of their loved one, and are entitled to recover for such losses as:
Note that there is another type of case that may be brought when a person dies due to someone else’s negligence. In a “survival action,” the estate’s personal representative can bring a claim to recover compensation for the losses sustained by the victim, as separate from the damages the surviving family members suffer. This case is akin to a personal injury lawsuit, except that the victim died instead of getting hurt. The estate representative stands in the shoes of the deceased individual to recover compensation for:
Though a wrongful death lawsuit may not be able to bring back a loved one that died, recovering compensation for your losses may help alleviate some of the difficulties you face. For more information, please contact the Law Offices of Brassfield, Krueger & Ramlow, Ltd. in Winnebago County. We can schedule a consultation to discuss your case and legal options.
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