What Is Considered a “Wrongful Death” in Illinois?

 Posted on June 30, 2020 in Wrongful Death

There is no pain that can compare with losing a loved one forever. The death of a family member can leave some people uncertain of how to move forward. For those who lost loved ones to old age or a chronic illness, the pain is deep, but the underlying idea that this is part of the circle of life can act as a form of comfort to those who feel left behind. The loss of a family member or friend because of another person’s negligence can be nearly impossible to bear. You are likely wracked with anger and frustration, none of which can dull the immeasurable pain. In order to address such situations and hold people or companies accountable for their actions, Illinois law has recognized these tragedies and instilled legal consequences for those found guilty of wrongful death charges.

Holding Negligent Parties Responsible

If you have recently lost a loved one and you think someone may be to blame, you are likely wondering how you can hold that party accountable. The state of Illinois has named such tragedies “wrongful death.” If anyone loses their life as a result of another person’s wrongful act, neglect, or default, their death falls under this legal category. The person or company responsible for the death will be held liable through the payment of damages to the affected party. While financial compensation can never make up for the loss of a loved one, it is a way to hold the guilty party legally responsible. The negligent party will also have a felony charge added to his or her criminal record. Wrongful death can occur in a number of situations, with the most common being car accidents, medical malpractice, and unsafe workplaces.

Compensation for Losses and Expenses

Some who have lost a loved one may feel uncomfortable receiving financial compensation for their loss since you can never put a price on another person. However, the amount granted can act as a warning against future malfeasance from the guilty party and can also help you stay afloat. The following are possible ways in which you can receive compensation for your loss:

1. Loss of Consortium: The word “consortium” is not well-known, but it refers to your companionship with your partner or spouse. If you have lost someone very close to you, you may be eligible for compensation for the loss of a future life with him or her. For spouses, this includes your partnership, companionship, and sexual relationship that you have lost as a result of your spouse’s death.

2. Medical Expenses: If your loved one was in an accident or had severe injuries that led to his or her death, he or she was likely rushed to the hospital and given emergency medical care to try to save his or her life. Such medical expenses can quickly add up and their failure to help your loved one can make the payments feel like a slap in the face. You may collect financial compensation for all of the medical treatments your loved one was given, including costs for medication, surgery, and time spent in the hospital.

3. Burial Costs: Many people may not recognize the expenses that are involved in planning a funeral and burial service until they are forced to plan one. You may receive assistance for costs associated with the ceremony, such as the casket, headstone, funeral home costs, and more.

4. Lost Income: If you were financially dependent on the person who you lost, you may be eligible to receive compensation for lost income. You may be wondering how you and your family will get by without your spouse’s income. This type of compensation can help mitigate this issue.

Call an Arlington Heights Personal Injury Lawyer

The death of a loved one often leaves family and friends reeling, especially if the loss of life was the result of another person’s negligence. Those who are suffering after a wrongful death should seek legal help to receive compensation for their pain and suffering. Not only can this help family members recover financially, but it will also hold the guilty party accountable. At Newland & Newland, LLP, we help our clients fight for what is right, even if their loved one is not here to see it. If you have lost a loved one, our Schaumburg wrongful death attorneys will work tirelessly to help you and your family financially recover from this devastation. Call our office today at 847-797-8000 to schedule your free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/32.00.pdf