There are chances that if you have lost a loved one, family member, or friend in an accident, it could be a wrongful death case. Quite often, people tend to accept the fact that the death was an accident and do not question or challenge it. Irrespective, one should not rule out the chances of it happening due to an ‘accident’ only. Many people are not aware and do not know enough about wrongful deaths.
When a loved one is lost in an accident, it gets extremely difficult to decide whether compensation should be retrieved or not. By critically evaluating the wrongful death FAQs, families of the deceased can then make up their mind if they would want to go ahead with the retribution. Regardless, it is always a wise idea to have a wrongful death lawyer by your side during these tough times.
A death cause by either an accidental or intentional act of another is known as wrongful death. Because of this, a family member of the deceased files a claim for wrongful death to retrieve compensation that covers medical bills, funeral expenses, as well as support the family of deceased individual. It goes without saying that this is a controversial topic and requires eye witnesses to prove that someone’s wrong actions resulted in an individual’s death. These include, but are not limited to:
For instance, a car driver breaking the law and running through a stop sign crashes into another car or driver. If this results in death of the person on impact or a doctor makes an obvious medical error during surgery which results in a death, the family members have the right to file for compensation.
Typically, the claim can be filed by the family members of the victim in order to retrieve compensation for the incident. These are usually referred as “real parties in interest.” The eligibility criteria widely varies from state to state, but eligible survivors could be immediate family members, life partners, financial dependents, and distant family members.
The person who is sued in a wrongful death case is closely associated with the incident. For instance, if your loved one was a victim of a car crash that involved a drunk driver, you can seek compensation from the drunk driver, the person who either sold or served alcohol to the driver, and the alcohol business owner.
Wrongful death cases in Illinois arise from a variety of incidents that result in the tragic and untimely loss of life due to negligence or intentional misconduct by another party. These incidents can include medical malpractice, workplace accidents, motor vehicle crashes, defective products, and other forms of wrongful acts. The primary objective of pursuing a wrongful death lawsuit is to provide financial compensation to the families left behind, helping them cope with the emotional and financial repercussions of their loss. By comprehending the latest statistics and trends, individuals can better advocate for safer practices and policies within their communities.
In recent years, Illinois has seen a substantial number of wrongful death claims. According to statistical reports, these claims stem from various causes, including but not limited to:
Motor Vehicle Accidents – These remain one of the most prevalent sources of wrongful death claims. Careless driving, impaired driving, speeding, and distracted driving contribute to fatal crashes that often result in legal action. Distracted driving is a growing issue, particularly with the prevalence of smartphones. Driving under the influence of drugs or alcohol also dramatically increases the likelihood of fatal accidents.
Medical Malpractice – This can occur in many forms, such as misdiagnosis, surgical errors, or inappropriate treatment plans. The complexities of medical malpractice cases often require extensive legal expertise to navigate. Medical professionals may fail to adhere to established standards, resulting in negligent care that can lead to deadly outcomes.
Workplace Accidents – Environments such as construction sites, manufacturing facilities, and other industrial workplaces pose significant hazards. Poor safety protocols and inadequate training can lead to fatal accidents among workers.
Defective Products – Unsafe or malfunctioning consumer products can cause severe injuries and fatalities. Manufacturers and companies can be held liable when due diligence in product testing and safety measures fails. Companies that neglect product safety standards can face significant legal repercussions if their products cause fatalities.
Unsafe Working Conditions – Lack of proper safety gear, inadequate training, or equipment malfunction can significantly increase the risk of fatal incidents in hazardous environments. –
The financial implications of wrongful death are profound for the surviving family members. Wrongful death settlements in Illinois can vary widely depending on the specifics of each case. Some notable settlements illustrate the potential financial outcomes:
$2.9 million – Awarded for the wrongful death of an infant due to medical negligence, including failure to diagnose a life-threatening condition in a timely manner.
$4 million – Allocated to the family of a young girl who tragically died of meningitis after being misdiagnosed, underscoring the critical importance of accurate medical assessments.
$3.37 million – Obtained from the City of Chicago, highlighting the consequences of emergency response delays which contributed to a caller’s death.
$4.7 million – Awarded to the family of a construction worker who suffered a fatal injury due to defective equipment, bringing attention to the need for stringent safety regulations in the workplace.
Settlements are designed to cover a range of expenses, including funeral costs, medical bills, lost wages, and compensation for emotional distress experienced by surviving family members. ### Prevention and Advocacy In an effort to reduce the incidence of wrongful death, Illinois has enacted several measures aimed at fostering safety and accountability:
Stricter Workplace Safety Regulations – Amendments to safety laws and regulations have been put in place to safeguard workers, including regular inspections and the enforcement of compliance among employers.
Enhanced Medical Oversight – Illinois has initiated programs to improve medical practice standards, including the establishment of review boards to oversee malpractice claims and the promotion of continuous education among healthcare professionals.
Public Awareness Campaigns – Campaigns focusing on road safety, consumer protection, and emergency response awareness are being conducted to better educate the public about potential hazards and legal recourse. By understanding the full scope of wrongful death statistics and trends in Illinois, families can make informed decisions and advocate for enhanced safety practices within their communities. If you or a loved one has experienced the tragic consequences of a wrongful death, it is advisable to seek legal counsel to explore your options and ensure that you receive the support and justice you deserve
If you are looking to get more information about wrongful deaths, call us at (847) 395-2200 to schedule an appointment with one of our representatives.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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