If your loved one has died due to the negligence or recklessness of someone else's behavior, you can file a wrongful death lawsuit. This lawsuit determines the compensatory money and damages that you should receive due to the wrongful death of your loved one. While money certainly will not help ease your pain, it can reduce your monetary burden and ensure that you remain financially stable.
The Basics of a Wrongful Death Lawsuit
A wrongful death lawsuit is a form of personal injury lawsuit that can be filed against a person or organization whose negligent or reckless behavior led to the death of another individual.
For instance, if a drunk driver caused a collision that killed your family member, you can file a wrongful death lawsuit against the drunk driver. Similarly, if a work-related accident, such as an explosion, led to the premature death of your loved one, you can file a wrongful death lawsuit against your deceased family member's employers.
According to Illinois Wrongful Death Act, the deceased person's family members can file a lawsuit against those responsible for causing the death.
How Is A Wrongful Death Settlement Paid Out?
Under Illinois’s Wrongful Death Act, the deceased person's spouse and children may be entitled to receive damages in a wrongful death claim.
Even though the deceased’s family members are responsible for filing the wrongful death lawsuit, they don’t directly receive the wrongful death damages. Instead, the court hearing the lawsuit has the power to decide how the money will be allocated to the spouse and children. The law particularly says:
“The amount recovered in any such action shall be distributed … in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person.”
In simple words, the court determines the financial dependence of each family member on the deceased and then proportionately allocates the money. For instance, if a father was bearing his child’s educational expenses, that child might receive a larger share of damages than a child who wasn’t financially dependent on the father.
The untimely death of a loved one is one of the most devastating experiences anyone can go through. During this difficult time, having an experienced attorney who is skilled at wrongful death lawsuits is a good idea. Get in touch with us at the Law Offices of Robert T. Edens for a consultation today. We can represent you in court and ensure you receive the appropriate amount of damaged. We aim to lower your monetary burden and ensure that you stay financially stable.
