Losing loved ones is a life-altering experience, and grief is compounded when losses are due to someone’s negligent or intentional acts. It’s our goal to help families seek closure and justice, which mitigate the financial and emotional effects of wrongful death. Read on to learn about the complexities of these cases and the importance of legal representation.
Establishing Fault
When meeting with an attorney, you will go through the first step in a wrongful death case: proving that someone else caused the loss. It involves demonstrating that the at-fault party had a duty of care, that the duty was breached, and the breach led to the victim’s death. A wrongful death lawyer has the experience and skill to gather evidence and establish fault. The process is labor-intensive and time-consuming, requiring in-depth investigation and witness testimony.
The Duty of Care: What Happens When It Is Violated?
At the core of wrongful death claims is the idea of duty. The duty of care is a legal concept requiring entities and individuals to act in ways that don’t cause harm. In these cases, lawyers must establish that the defendant had a duty to the victim and that the duty was breached because of a negligent or intentional act.
Causation and the Calculation of Damages
Causation is the connection between a breach of the duty of care and the victim’s death, and establishing such a link determines liability. Calculating damages in a wrongful death case is a complex process, as it involves economic and non-economic losses ranging from lost earnings and medical bills to loss of care and consortium. A wrongful death lawyer will accurately calculate damages and work to get clients the compensation they deserve.
The Finances of Wrongful Death Cases in Illinois
The economic effects of a wrongful death can be devastating. Families may face substantial hardships, including funeral costs, final medical bills, and the loss of the victim’s income. These economic damages are easily quantified and form the basis of compensation sought in a claim.
Wrongful Death’s Emotional Toll
Beyond finances, wrongful death carries significant consequences. The loss of guidance, companionship, care, and love leaves a hole that can’t be filled. Non-economic damages are difficult to quantify but are a crucial part of these cases. Intangible damages, when sought, acknowledge the psychological and emotional impact on survivors.
Which Compensation Types are Available in Illinois Wrongful Death Cases?
Family members can seek various types of compensation when filing wrongful death claims, including:
- Economic damages
- Non-economic damages
- Punitive damages
Learning about, understanding, and seeking different types of compensation will help families get the justice and closure they seek after a wrongful death.
Do You Need an Experienced Wrongful Death Attorney?
A loved one’s wrongful death leaves a void that’s impossible to fill. While no amount of money will bring them back, a fair settlement can help families deal with financial and emotional burdens. With legal assistance, surviving family members can work toward justice and a measure of reassurance. At our law firm, we combine legal knowledge with compassion, so the area’s families ensure that their loved ones’ stories are heard, and at-fault parties are held responsible for their actions. Use our online form to request information or call to schedule a no-obligation consultation with a wrongful death lawyer in the area.
