HOW COURTS DETERMINE WHETHER SOMEONE HAS A WRONGFUL DEATH CLAIM
In Illinois and across the United States, wrongful death lawsuits are filed every year.
Close family members can bring wrongful death claims against a person, corporation, and/or government body that may be liable for their loved one’s death. Every state has wrongful death laws specifying who can file a claim, how long you have to file a lawsuit, etc. In this section, we’ll discuss the wrongful death regulations in Illinois. If you live in a different state, these laws will vary. There are two Illinois laws you should know about: the Illinois Wrongful Death Act and the Illinois Survival Act. What is the Illinois Wrongful Death Act? The Illinois Wrongful Death Act (740 ILCS 180/1) grants the victims’ survivors the right to pursue compensation in the court of law from any and all parties whose negligence contributed to the death of their loved one(s). Survivors may include spouses, children, parents, or the next of kin. So, how does the court determine whether someone has a wrongful death claim? Here’s a question to consider: If their loved one had survived the accident or procedure, would they have been seriously injured,
giving them the right to pursue a personal injury lawsuit? If the answer is yes, then that person may have a wrongful death claim. What is the Illinois Survival Act? Similar to the Wrongful Death Act, the Illinois Survival Act allows the victims’ estates to recover economic and noneconomic damages sustained between the time of injury and the moment of death. For example, let’s say a person was seriously injured in a truck accident and later passed away at a hospital. Under the Illinois Survival Act, their family may pursue additional damages from the defendants for their loved one’s suffering from the time of the crash to the moment they died.
If you’d like to learn more about personal injury lawsuits and how they work in Illinois, visit our website at ShannonLawGroup.com.
This month’s giveaway is a terrific one! Bert Rodriguez at Route 53 Touch-Free Car Wash in Lisle offers one of the best car detail packages around. (Joe knows … he’s used the service and it is amazing!) The 5-star full detail costs $259 for a full-size vehicle. The winner will receive the full 5-star treatment for their car. Text “DETAIL” to 312-847-2428 to enter. The giveaway ends on May 31, 2021, so don’t delay! NEED A CAR DETAILING? YOUR NEXT ONE COULD BE ON US!
3
312-663-7016
Made with FlippingBook Ebook Creator