When an individual’s injuries arise out of the negligent actions of another person or party, they have the legal right to file a personal injury lawsuit. What happens if that individual dies from the injuries they sustained before a personal injury lawsuit can be filed?
Since the victim is no longer here to seek compensation for their damages, under Illinois civil statutes, their loved one can file a wrongful death suit on their behalf. If the deceased were alive and could file a personal injury lawsuit, their next of kin can likely file a wrongful death claim instead. To get answers to your questions and find out if you can file a wrongful death lawsuit, schedule a free consultation with our Cook County wrongful death attorneys from The Horwitz Law Group today.
An experienced wrongful death attorney can help you recover damages for the wrongful death of your loved one. These damages differ from a personal injury case in that they involve the deceased’s estate and loved ones instead of the victim. The facts and circumstances of your case will dictate the types of damages that are recoverable. Possible damages in a wrongful death lawsuit include:
The court may determine what types of damages are paid to certain parties in the case. For example, if the burial and funeral costs were paid out of the deceased’s estate, the compensation for them will be given to the estate. Whereas, damages for grief and sorrow will go to the family.
If the defendant in your wrongful death claim has been charged with a crime in connection to the wrongful death of your loved one, this matter is generally inconsequential to a civil case. Whether or not criminal charges are filed, or the defendant is found guilty of them or not, you still have the right to file a civil claim in the wake of the death of your loved one.
If the defendant is found guilty of criminal charges in connection with the death of your loved one, they will face criminal penalties, which does not include paying your damages. To recover damages for the death of your loved one, you will need to file a wrongful death lawsuit with the help of a knowledgeable wrongful death lawyer.
Our lawyers in Cook County are committed to helping our clients when the unthinkable happens. We can help you navigate the legal aspects of your case so that you can grieve the loss of your loved one yet still seek the financial support you need and justice on their behalf. To schedule your no-cost case evaluation, contact The Horwitz Law Group today.
To arrange a free initial consultation with an experienced Illinois injury lawyer complete the e-mail form below.