Requirements for a Wrongful Death Claim

Illinios accident lawyer,  Illnois personal injury attorney, IL wrongful death lawyerAfter a loved one passed away, it is the family who celebrates their life. After a wrongful death, it is the same parties that fight for justice. Although a lawsuit will not bring back your loved one, suing the company or people responsible for their death can bring closure and hold them responsible.

What Is A Wrongful Death?

Similar to that of a personal injury lawsuit, a wrongful death lawsuit is classified by the negligence of others. What is different is that the family members sue for their suffering and financial burden of losing a loved one unexpectedly. Only heirs and beneficiaries can sue for wrongful death. Most common causes of wrongful death are,

  • Car accidents,
  • Workplace accidents,
  • Medical malpractice,
  • Criminal activity, and
  • Product liability.

There are four requirements for a wrongful death claim:

Proving Negligence – In a wrongful death suit, it must be proved that it was, in part, the defending party’s negligence that caused the death.

  • Beach Of Duty – A breach of duty is when a duty, or responsibility, was failed in regards to the deceased. For example, a doctor has the duty to keep patients healthy, and if their patient dies due to his or her negligence, then they have failed that duty.
  • Cause of Death – It is one thing to prove that an employer or company has been negligent, but in order to win a wrongful death suit, the negligence must be proved as the cause of the death in question.
  • Damages – A loved one passing away unexpectedly can become a financial burden to a family. Burial is expected, but hospital bills acquired in an attempt to keep the deceased alive, in the event of an accident, may not be. These damages must be proved.

The legal process regarding a wrongful death is lengthy. If a settlement out of court cannot be reached between you and the defendant, then the case is brought to trial where a jury will determine if the death was the responsibility of the accused. Wrongful death may be difficult to prove, but an experienced attorney will know how to prove that the defendant was negligent and thus accountable for the loss of your loved one.

Contact an Orland Park Wrongful Death Attorney

No one deserves the financial burden of an unexpected loss, with the pain and suffering of the death of a loved one. If you believe your family member was the victim to negligence that cost his or her life, contact an experienced Orland Park, Illinois wrongful death attorney to fight for compensation and to hold the responsible party accountable. Set up a free consultation by calling our office at 708-633-6005.



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James A. Payonk, Jr.

~ Attorney at Law ~

10705 W 159th St.
Orland Park, Illinois 60467