The Basics Of A Wrongful Death Lawsuit

A wrongful death claim can be made in the event someone dies as a result of negligence or intent on the part of another individual. A wrongful death lawsuit provides the estate of the deceased to seek damages from the party found legally responsible for the death. A Chicago wrongful death attorney normally files the claim on behalf of the victim’s family and other interested parties.

Under what circumstance can a claim for wrongful death be made?

A wrongful death suit can be filed when the victim would have had a personal injury claim had he not died. There are numerous examples of how this can happen including intentional killing, medical malpractice and when negligence on the part of another is shown to be cause of a fatal accident. A wrongful death lawsuit can come out of almost any situation other than when the victim dies as a result of work injuries, under these circumstance the workers compensation system handles the claim.

What has to be proven?

The plaintiff, represented by his or her Chicago wrongful death attorney must meet the same burden of proof that would have been necessary had the individual not died. Negligence must be proven and to do so the plaintiff must show that the negligent party owed the deceased a duty of care and this duty was breached and it was this breach that caused the death of the individual that otherwise would have only suffered injuries.

A claim for wrongful death is filed on behalf of the victim’s family by their representative. The damages that can form part of the claim include all medical costs that were incurred prior to the victim’s death, loss of income, compensation for pre-death pain and suffering as well as loss of services the deceased would have naturally provided such as love and consortium.

If you lost a loved one as a result of negligence on the part of another person or entity you are well advised to hire a Chicago wrongful death attorney to pursue a claim for compensation on your behalf. You are invited to discuss the circumstances with the Shea Law Group.

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