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Matthew K. Krueger
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Cook County Festival Ends in Tragedy

A recent Daily Herald news article reports that the widowed spouse of a man who was tragically killed during a Wood Dale festival has filed a wrongful death claim. The fatal accident occurred when 35-year-old Steven Nincic was struck by a falling tent pole. The misfortune occurred when a powerful storm hit the event and festival-goers were herded into a tent that ended up collapsing and injuring 22 others in addition to killing Nincic.

If someone you know or love has died due to the negligence of another, contact a compassionate and seasoned Illinois wrongful death attorney right away to learn about the rights provided to survivors under the law.

Wrongful Death Lawsuit

In addition to Nincic’s surviving widow, two other individuals who were injured when the tent collapsed are included as plaintiffs on the complaint against multiple defendants, including Illinois-based party rental and events management companies. The lawsuit seeks a minimum of $50,000 in damages and does not name the city of Wood Dale as a defendant. According to reports, the lawsuit alleges the two companies failed to provide party tents that were reasonably safe. Furthermore, once the tent was constructed, it was purportedly never inspected. Beyond this, the suit also alleges the companies failed to have reasonable emergency response plans in action.

Under Illinois state law, a wrongful death claim is pursued on behalf of the surviving family members of the deceased. Individuals who may pursue this claim include the surviving spouse and children of the deceased; surviving parents of the deceased if there are no surviving children or spouse; and the heirs at law of the deceased if there are no surviving parents, spouse, or children.

To be successful in a wrongful death claim, the following must be proven:

  • The defendant was negligent or strictly liable for the victim’s death;
  • The wrongful death was caused, in whole or in part, by the acts of the defendant;
  • The victim has a surviving spouse, children, dependents, or beneficiaries; and
  • Damages, either or both economic and non-economic, resulted from the death of the victim.

Generally, if there is both a survival action and a wrongful death claim, then pecuniary damages – monetary compensation – should be separated to avoid duplication.

Furthermore, statutes of limitations – or time limits for when a suit can be filed or it will be barred forever – apply to all wrongful death suits and are governed by state law. For this reason, it is important to contact a wrongful death attorney immediately to reserve any legal rights to which surviving family members may be entitled. In Illinois, a wrongful death lawsuit must be filed within two years of the date of death with some exceptions.

Wrongful Death Help in Illinois

If someone you know or love has suffered a wrongful death, contact an Illinois wrongful death attorney today. The tragic and traumatic experience of losing a loved one in a wrongful death should not be complicated further by navigating the legal process without an experienced attorney. The compassionate and seasoned attorneys at Brassfield & Krueger, Ltd. will fight for you with sensitivity and sound legal advocacy, seeking out compensation to which you may be entitled. Call toll free at (815) 315-9845 today to schedule your free initial consultation.

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