Elgin Wrongful Death Lawyer
Losing a loved one is a difficult experience. Losing a loved one because of the negligence of another can be devastating. The family members or spouse of an individual who was killed due to the negligent behavior of another person may be able to sue the responsible party for “wrongful death” to collect damages that may be able to help them following an incident.
With the right Elgin wrongful death lawyer on your side, you and your family may be able to finally get the closure you deserve after the death of a loved one. Contact an experienced Elgin injury attorney today to begin your case.
Monetary Compensation
In many jurisdictions, the spouse, parent, or child (or step-child), of the deceased individual can present a case. During the trial, it is normal for the loved one of the deceased to bring forth their charges based on the following:
- Pain and suffering
- Loss of companionship
- Personal injury
- Medical expenses incurred prior to death
- Funeral costs
- Loss of income
Establishing Fault
To prove the validity of a wrongful death claim, an Elgin wrongful death lawyer must establish the following:
- A human died
- The death of the human caused by the negligent actions of another
- Survivors endured financial and emotional hardship
- Relative filing the claim e.g. spouse, child, or parent of the deceased individual
Any recovery from the wrongful death suit will go towards the estate of the victim. The recovery disperses according to the guidelines in the will.
Pecuniary vs. Punitive Damages
Financial (also called pecuniary) injuries are the primary type of damages considered in a wrongful death case. According to most laws, the financial award from a wrongful death suit will be determined by the extent of pecuniary injuries. Say the family of the deceased individual paid for their funeral costs. They deserve reimbursement for those costs.
When determining pecuniary loss, the court will consider factors such as the age, health, and earning the potential of the individual, but the primary factor will be the circumstances surrounding the actual death. If an individual is out of work at the time of their death, the court may estimate the amount of income the individual would have earned once they found gainful employment.
Punitive damages intend to punish to the responsible party and to deter similar conduct in the future. If an Elgin wrongful death attorney can establish that the defendant engaged in a malicious behavior with an intent to cause injury or death or willful and wanton conduct to the victim, the family may receive punitive damages.
Working with an Elgin Wrongful Death Attorney
Before you file a wrongful death claim, you should speak with an Elgin wrongful death lawyer. Skilled Elgin attorneys strive to help the descendants of victims obtain the justice their loved ones deserve and build a positive future for their families. Contact an attorney today if you believe that the death of your loved one is a result of negligence.