What Is Wrongful Death and Who Is Eligible to Recover Damages?

Was your loved one killed on the job or in an accident? Find out how to hold the responsible parties accountable.

2012-09-16

September 16, 2012 (Press-News.org) In Illinois, as in all states, people die every year in motor vehicle, construction and workplace accidents that are caused by others. Illinois allows the families of those killed in these accidents to recover damages for the wrongful death of their loved ones.

What Is Wrongful Death and Who Is Eligible to Sue for Damages?

Illinois law defines wrongful death as a death caused by a wrongful act, neglect or default that would have allowed the deceased to recover damages for his or her injuries in a personal injury lawsuit had he or she survived. Wrongful death lawsuits must be filed in the name of a personal representative of the deceased rather than the deceased's name. These lawsuits may be brought against the individual or company responsible for the wrongful death of a loved one.

The law allows the surviving spouse or next of kin, like a child or parent, of the deceased to recover damages for his or her loved one's wrongful death. Types of damages Illinois civil courts may award to surviving loved ones include compensation for grief, sorrow and mental suffering.

If there is no surviving spouse or next of kin, the person who paid for the deceased's medical care can recover up to $450 in a wrongful death suit. In a similar situation, the individual responsible for administering the deceased's estate can recover compensation for the medical care, funeral expenses and costs to administer the deceased's estate up to $900, in addition to applicable attorney's fees.

Lastly, the state of Illinois places a statute of limitations on filing wrongful death lawsuits. Spouses or adult next of kin have two years from the time of the wrongful death to file a lawsuit against the individual or company at fault, while next of kin who were minors at the time of the death have two years from the time they turn 18 to file a lawsuit. If the individual at fault was criminally convicted for the death and ordered to pay restitution, next of kin have two years from the time the escrow account for the restitution was established to file a wrongful death lawsuit.

What Are Some Other Wrongful Death Lawsuit Considerations?

In Illinois, courts disperse monetary awards from wrongful death lawsuits. The amount awarded is determined according to how dependent the survivor had been on the deceased. However, other factors may contribute to the amount individuals may be awarded in a wrongful death lawsuit.

While the person at fault for the deceased's death cannot use the contributory negligence of one of the beneficiaries of the lawsuit to form a defense in a wrongful death lawsuit, if the beneficiary's actions somehow contributed to the death, courts take this into account and reduce awards accordingly. For example, if a spouse's negligence somehow contributed to his or her partner's wrongful death, his or her award may be reduced.

Illinois law stipulates that if a beneficiary is found to be less than half responsible for the deceased's wrongful death, his or her award is reduced proportionately. However, if the beneficiary's negligence contributed to more than half of the death, that beneficiary is ineligible for an award. In this case, however, other beneficiaries named in the suit may be able to recover awards.

Filing a wrongful death lawsuit can help bring closure to loved ones mourning the death of a family member. If you would like to learn more about how you may recover damages for the loss of a loved one, please contact an experienced personal injury attorney.

Article provided by Marquardt & Belmonte, P.C.
Visit us at www.lawm-b.com

ELSE PRESS RELEASES FROM THIS DATE:

Michigan Democratic Legislators Propose Legal Support and Protections for Working Parents

2012-09-16

Working parents sometimes find it difficult to attend all of their children's activities such as school conferences or school plays because of career demands. The demands can be especially high when the new school year starts in September: curriculum night, parent-teacher conferences, etc. Unfortunately your job can sometimes be less than flexible. A few Michigan legislators are considering a fix: a proposed law that would allow working parents to have the option of taking time off from work to attend their children's school activities, without the fear of retaliation. ...

Recent EEOC Ruling Recognizes Transgender Discrimination

2012-09-16

A landmark ruling by the Equal Employment Opportunity Commission (EEOC) has lesbian, gay, bisexual and transgender (LGBT) activists and equal rights advocates around the country breathing a sigh of relief. The EEOC declared in an April decision that transgender people are protected against workplace discrimination based on their sexual orientation or gender identity. Why Is This Decision Important? A series of federal court cases in the 1980s expressly disavowed gender discrimination claims of transgendered people. Since that time, advocacy groups like the Transgender ...

Kansas DUI Penalties Now Apply to Breathalyzer Refusal

2012-09-16

The Kansas legislature has given prosecutors additional ammunition to use in prosecuting people suspected of driving under the influence. Under a new law, anyone who is suspected of DUI and refuses to submit to a blood alcohol test can be prosecuted and face the same penalties as a person convicted of DUI. Across the country, only sixteen other states have a similar provision. Prosecutors claimed the law was needed because some repeat DUI offenders would refuse to take a blood alcohol test, gambling that a jury might not convict them. One prosecutor said that over a ...

New Clinical Trials Give Hope to Those Suffering From Spinal Cord Injuries

2012-09-16

The Food and Drug Administration (FDA) recently approved the first phase of a clinical trial that could potentially revolutionize treatment available for people with spinal cord injuries. The Miami Project to Cure Paralysis is a joint venture created by a father and son, both of whom used to play football. The father, a former NFL linebacker, has been striving to find a cure for his son's paralysis since his son was injured in a college game. The two founded The Miami Project which researches and performs clinical trials in an attempt to find a cure for spinal cord injuries. With ...

Employee Misclassification Can Be Costly

2012-09-16

In recent years, the U.S. Department of Labor (DOL) has been cracking down on the issue of employee misclassification. This renewed gusto comes in response to an increased number of wage-and-hour lawsuits filed by employees against their employers (over 7,000 filings in the first half of 2012 alone), many of which are challenging their exempt employee status. Under the Fair Labor Standards Act (FLSA), employees in a "bona fide executive, administrative, or professional capacity" are designated "exempt" and therefore not eligible for overtime pay. ...

Seniors and Medical Debt: Bankruptcy as a Life Choice

2012-09-16

"Life is like a box of chocolates," Forrest Gump's mother told him in the hit movie of that name. "You never know what you're gonna get." Forrest Gump had many adventures in the Oscar-winning film, but aging wasn't one of them. For senior citizens, however, the ultimate box-of-chocolates experience awaits: not knowing how their health and finances will hold out in their retirement years. For many seniors, getting old can become a source of great anxiety as declining income and increasing health problems trigger problems with medical debt. This ...

Aer Lingus Announces Official Airline Sponsorship of the Ulster Rugby Club for the Next Two Years

2012-09-16

Ulster Rugby's flying start to the season has been given a turbo charged boost with the signing of a major new sponsorship deal with Aer Lingus. Details of the two-year support package were unveiled at a signing ceremony held at Ravenhill. As part of the new relationship, Aer Lingus will provide Ulster Rugby with air travel as well as supporting the development of travel and accommodation packages for Ulster supporters to away matches. Declan Kearney, Aer Lingus Director of Communications said the link-up with Ulster Rugby represented a significant sporting first ...

Diamond Reveals Young Women Unprepared for Change in Gender Law

2012-09-16

In just over three months' time a new law comes into force which will prevent insurance companies from pricing premiums based on gender. This is likely to mean higher car insurance premiums for young women, but new research reveals the majority of those who will be most affected by the change are completely unaware of it. The EU Gender Directive becomes law on 21st December. Diamond, a specialist in car insurance for women, surveyed 1,000 women motorists aged under 30 about the Directive, and found that many of them don't realise how much it will affect them. More ...

Breast Augmentation With Body Fat

2012-09-16

Dr. Melek R. Kayser, MD, FACS, has recently introduced into his practice the technique of breast enhancement with autologous fat grafting. This revolutionary procedure adds a totally new dimension to breast augmentation and reconstruction as a patient's own body fat is used exclusively to enlarge the breast! With this approach, the traditional breast implant is no longer used at all. "This is probably the hottest topic in plastic surgery right now," says Dr. Kayser, founder of Image by Design Plastic Surgery in Roseville, Michigan. "I have been using ...

Terri Scheer Tips on How to Find Good Tenants

2012-09-16

A tenant can make or break a landlord's experience of owning a rental property, according to landlord insurance specialist Terri Scheer Insurance. Terri Scheer Insurance Manager, Ms Carolyn Majda, said finding good tenants and keeping them happy was one of the best investments a landlord could make. "Sourcing good tenants is one of the most important tasks for landlords who self-manage their own investment properties," Ms Majda said. "And by ensuring they have a positive experience while living at your property, they may be more likely to pay their ...

What Is Wrongful Death and Who Is Eligible to Recover Damages?

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: