Danville Wrongful Death Attorney
Let a Skilled Danville Wrongful Death Lawyer Represent You When a Loved One is Killed Due to Someone’s Negligent Acts
When a family member is killed in an accident that could have been prevented, it is understandable that you will feel angry and want to hold the at-fault party responsible. One way to do this is through a wrongful death lawsuit. While this obviously will not bring your loved one back, it can help ease some of the financial burdens you are experiencing. For legal assistance after a family member passes away in an accident due to someone else’s negligence, contact a Danville wrongful death attorney today.
At Patel Law, PC, we have 30 years of experience representing clients in Illinois personal injury claims, including wrongful death claims. If your immediate family member was killed in an accident, you may have up to two years from their death to make a claim for damages.
What Constitutes a Wrongful Death Claim in Illinois?
A wrongful death claim can be defined as a death that is caused by someone else. It can involve a variety of scenarios. For example, auto accidents involving drunk drivers could result in a wrongful death claim. Defective or dangerous products can lead to wrongful death claims, as well. Nursing home neglect, construction accidents, and dangerous conditions on someone’s property could also result in a family member’s wrongful death.
Medical negligence or malpractice can be serious enough that a patient passes away immediately or sometime shortly after. Some of the most common medical mistakes that can lead to wrongful death lawsuits in Illinois include:
- Surgical errors
- Birth injuries
- Inaccurate diagnoses
- Medical device malfunctions
- Wrong medication prescribed or administered
- Treatment not performed timely
Who can Bring a Wrongful Death Claims in Illinois?
Like other states, Illinois has a wrongful death statute that defines who has the right to bring a wrongful death claim. Next-of-kin are first in line to bring a claim, which can be a surviving spouse or children. If the deceased does not have a spouse or children, then next in line would be siblings or any parents who are still alive.
To bring a wrongful death claim in Illinois, the court will appoint a personal representative to represent the surviving family members in the wrongful death claim.
Importance of Retaining an Experienced Danville Wrongful Death Attorney
Wrongful death claims can be complex, which is why it is important to retain an attorney who has experience dealing with these types of personal injury claims. When you present a strong claim, you could be entitled to receive compensation for your family member’s burial and funeral expenses, grief counseling fees, loss of income, loss of consortium/companionship, and pain and suffering.
Some of these damages are relatively easy to calculate, like funeral and burial expenses. However, your loss of consortium/companionship are emotional damages and are harder to calculate. The more experience your attorney has, the easier it is for them to come up with a settlement demand that reflects your individual circumstances.
Our personal injury team at Patel Law, PC, has tried hundreds of personal injury cases in Illinois to verdict, while winning more than one million dollars. This achievement earned Mr. Patel a lifetime membership spot in the Million Dollar Advocates Forum.
Difference Between a Wrongful Death Claim and a Survival Action
Some people assume that a wrongful death claim is the same as a survival action. This is not the case. These are two distinct types of claims. A wrongful death claim is to compensate the surviving family members for their emotional, physical, and financial losses. It has nothing to do with possible emotional trauma or pain and suffering the deceased experienced.
With a survival action, the claim technically relates to the pain and suffering of the deceased. If the person had not passed away, they would have had the right to bring a claim for their injuries, physical damages, and pain and suffering. This means the claim belongs to the deceased, not the surviving family members.
To bring a survival action, you must first set up the estate. The executor of the estate would be the one who brings the survival action. Damages in a survival claim include medical expenses, lost wages, physical damages, as well as the deceased’s pain and suffering. Any monies recovered in a survival action belong to the estate. The funds are first used to satisfy outstanding creditors’ claims prior to being distributed to the heirs or beneficiaries.
Contact a Danville Wrongful Death Attorney Today
If you need assistance after a loved one was killed in an accident caused by someone else’s negligence, contact Patel Law, PC today to schedule an initial consultation.