When someone dies because of a wrongful act by another person or entity, the family of the deceased may sue to recover losses. Wrongful death cases are complex; so it is in the best interests of the family to schedule a consult with an Aurora wrongful death attorney.
In Illinois, the surviving family has two years after a wrongful death to file a claim. If a civil lawsuit for damages is not filed within the statute of limitations, then one loses the right to sue. Contact a compassionate injury attorney right away to get your claim filed in time.
Who Can Bring a Wrongful Death Claim
The estate of the deceased or immediate family must bring the wrongful death lawsuit in Aurora to the courts. One of the family acts, by appointment, as a representative by the court if the estate fails to name a personal representative.
Parties who may sue on behalf of the decedent are the surviving spouse, adult children, parents of a deceased minor child, and adopted children of majority age.
Wrongful Death Damages
An Aurora wrongful death lawyer documents all the damages available to the decedent’s survivors including grief, mental suffering, emotional pain, loss of income, loss of the decedent’s services provided to the family, loss of consortium, loss of educational and other benefits for surviving children, and funeral expenses. Other damages may apply.
At trial, a jury will determine the amount of compensation based on what jurors determine to be fair and just.
Under the state’s negligence law, if the decedent was responsible in whole or part, such as in a fatal automobile collision, damages can be proportionately reduced by the percentage of the decedent’s assessed fault.
Illinois adopted a modified comparative negligence standard, which includes the 51 percent rule. The rule states: if the courts find a party more than 50 percent at fault, no recovery of damages allowed. If less than 50 percent at fault, damages proportionally reduce by the percent of fault.
In wrongful death cases involving negligence, the decedent’s family must prove the offending party acted negligently with death and damages occurring.
The plaintiff must show that the defendant must have owed a duty of care to not harm another, breached that duty; which caused the injury; which would not have happened without the negligent act, resulting in monetary loss or injury.
How an Aurora Wrongful Death Attorney Can Help
Wrongful death cases vary depending upon the decedent’s family role and the circumstances of the death. An Aurora wrongful death lawyer considers the great loss and the family’s need for compensation.
A wrongful death attorney will thoroughly investigate all aspects of the death to build a solid case; including interviews under oath of those involved and witnesses to bolster the case. The wrongful death lawyer will also assess all of the losses involved to reach a fair figure.
At trial, the lawyer will aggressively present the case and provide evidence to prove damages. Should the case settle before trial, the lawyer will negotiate with the insurance provider to achieve proper and fair compensation.
So don’t wait! Contact us today, as we also offer free consults. Our office hours range from 8:00 a.m. to 5:00 p.m. Monday through Friday and we answer our phones at 708-222-2222 24/7. If you prefer, we have an online form you can use or you can utilize our LiveChat service as well.