Urbana Wrongful Death Lawyer
Losing a loved one under any circumstances is devastating, but the loss of a family member can be particularly traumatic when it results from an avoidable accident or because of another party’s intentional act. If you recently lost someone you love and another party may be at fault, it is important to find out more about filing a wrongful death claim. At Patel Law, PC, we know it can be difficult to consider a lawsuit when you are grieving, but we also know how critical it can be to obtain the compensation you need and hold the at-fault party accountable. Contact our experienced Urbana wrongful death lawyer for more information about filing a wrongful death claim in Illinois.
What is the Wrongful Death Law in Urbana?
Wrongful death law is an area of the law that is closely connected to personal injury law. In both types of claims, a plaintiff files a claim against another party in a civil lawsuit who is responsible for causing injuries and seeks monetary damages from that at-fault party. Here is where these types of laws differ: in a personal injury lawsuit, the injured person files the claim, but in a wrongful death lawsuit, the person who was fatally injured is no longer able to file a claim. Instead, in a wrongful death lawsuit, the personal representative of the deceased (i.e., the executor of the deceased’s estate) will file the lawsuit.
Under the Illinois Wrongful Death Act, it may be possible to bring a wrongful death claim “whenever the death of a person shall be caused by wrongful act, neglect or default, and the the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages…”
Who Can File an Urbana Wrongful Death Lawsuit?
Wrongful death lawsuits are governed by state laws. Some states allow certain family members of the deceased to be the parties who file wrongful death claims, but Illinois requires the personal representative of the deceased to be the one who files the lawsuit. The personal representative of the deceased may also be known as the executor of the estate.
When the personal representative of the deceased files a wrongful death lawsuit, that party will be seeking damages on behalf of the surviving family members. To be clear, although the executor of the estate may be the named plaintiff in a wrongful death lawsuit, the damages they recover will go to the deceased’s surviving family members such as a surviving spouse or children.
Damages in an Urbana Wrongful Death Lawsuit
The following are common types of damages that may be recovered by surviving family members in a wrongful death lawsuit:
- Funeral and burial expenses;
- Lost wages of the deceased;
- Loss of companionship from the deceased (sometimes known as loss of consortium);
- Loss of education and care from the deceased (for surviving children); and
- Suffering experienced by the surviving family members.
Contact Patel Law, PC
Our firm can assist you with any questions you have about wrongful death law in Illinois. Contact an experienced Urbana wrongful death lawyer for more information and to file a claim.
