Wrongful death claims are under the category of personal injury claims. It refers to a person killed due to another person’s negligence, whether accidentally or intentionally. An unexpected death is always a tragedy, and mourning families find it very hard to move on, especially if they do not have any financial support.
There is usually no one to blame in wrongful death cases, and this is the real tragedy. It is where the wrongful death claim comes in. The law allows bereaving families to file for compensation after their loved ones depart. They are eligible to file for the financial and personal losses resulting from a family member’s death. Family members such as a spouse, siblings, and parents are eligible for the compensation. However, if there is no one to claim, the person who will inherit the state can file for the settlement of wrongful death.
We at Fina law office has experienced attorneys who are expert of winning wrongful death cases. We always try to help by going the extra mile for our valuable clients to compensate them for their losses. We are reachable through call and email. We are proud to provide a free consultation to evaluate your claim.
If an individual dies due to someone else’s negligence, a wrongful death claim is applicable. There are many types of incidents that can lead to file a wrongful death claim.
A wrongful death claim is valid when the deceased person died of having personal injuries. It can occur in many situations, such as:
In this scenario, if a person is killed intentionally by the defendant, his family members can claim compensation. But as we have mentioned above, the deceased’s family members have to prove that the defendant was liable for the duty of care he had breached and eventually killed the victim.
If a victim is dead due to another person (such as road accidents, failure to warn others about the danger), a wrongful death claim is applicable.
If a victim faces misdiagnoses by the doctor and dies due to his malpractice, the family members are liable for compensation.
It is indeed challenging to live a happy life when you do not have your loved ones by your side. But we assure you that with our help, you will get the compensation you deserve. But we must prove the following evidence as per the legal requirements:
For a wrongful death claim to establish, the plaintiff must prove that the defendant owed a duty of care to the dead person. It was his duty to follow the guidelines so that the incident would not happen. For example, a motorcyclist has to obey traffic rules. It is a property owner’s responsibility to keep his property safe for others or display signs to warn others of the danger.
We have to prove that the defendant breached the duty of care, which he was liable to obey. You have to prove that the owner/defendant was careless in fulfilling his duty, which resulted in your family member’s death. For example, if the defendant was a doctor, he misdiagnosed the person, which leads to his death, or he drove past the red light, etc.
It is the most critical step in proving that the defendant’s negligence caused death after he breached the care duty. For example, the doctor’s malpractice or the driver’s distracted rive caused the death. These are some elements of a wrongful death case. These are quite similar to personal injury cases, but the only difference is that personal injury resulted in the victim’s death.
There are various types of damages which can be claimed by the deceased’s family, such as:
First of all, I have to see if there is one. It has to establish that the victim is dead. If he is just injured, it will fall under the personal injury lawsuit. Secondly, you have to prove that the victim died due to the negligence of the defendant.
For example, if a victim dies due to an accident’s complications, it needs to prove that injuries occurred from the defendant’s negligent behavior.
Next, it has to make sure that who can claim for the compensation. It usually is immediate family members such as spouses, parents, and siblings. But if there aren’t any, then the deserving relatives are eligible for the compensation. Once you have decided it, you must be aware of the time limitations you have to file the suit.
The final step is the file the claim. Please be aware that wrongful death claims are complex and take time to resolve. Please keep in mind that you find a lawyer who is an expert in personal injury lawsuits—the one who knows the state’s laws and guide you through the whole process.
Fina law office lawyers in Downers Grove, IL, know their job better than anyone else. They can help you during this difficult time. We have many successful cases to prove our authenticity to our clients. We are waiting to hear from you.
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