October 26, 2012 (Press-News.org) A wrongful death lawsuit is a legal claim that arises when someone dies as a result of another party's negligence or wrongdoing. A wrongful death may be caused by a negligent act such as a car crash or medical malpractice, or by a deliberately harmful act such as physical assault. Individuals as well as corporations and other entities can be held liable in an Illinois wrongful death lawsuit, as can their insurance companies.
The Purpose of the Wrongful Death Statute
The purpose of a wrongful death lawsuit is to provide financial compensation to the people who have suffered a loss as a result of the death. Each state has its own laws that establish the procedure for filing a wrongful death claim, as well as dictating who may file and what types of damages may be available.
Who May File for Wrongful Death in Illinois
In Illinois, when a person dies because of someone else's negligence or wrongdoing, the deceased person's next of kin can file a wrongful death lawsuit against the party who caused the death. Typically, eligible family members under Illinois law include the surviving spouse or children of the deceased person. However, other surviving family members such as a parent or sibling of the deceased may be eligible to file a wrongful death claim under certain circumstances.
Potential Damages
A surviving family member who brings a successful wrongful death action in Illinois may recover damages, or financial compensation, for a number of different types of losses that may occur as a result of the death. Potential damages in an Illinois wrongful death case may include:
-Medical and funeral expenses
-Lost income and financial support
-Grief and mental suffering
-Loss of companionship
-Loss of parental guidance
Effect of Criminal Charges on Wrongful Death Liability
In many cases, someone who causes the death of another may face criminal charges for his or her actions. The surviving family members of the deceased individual may file a wrongful death action whether or not the party responsible for the death has been charged with a crime. Likewise, a party may be liable for wrongful death in civil court even if he or she is found not guilty of a criminal charge in connection with the death.
Statute of Limitations
Illinois law requires that a wrongful death lawsuit generally must be filed within two years after the date of death. Therefore, it is important for families who have lost a loved one to take action quickly to preserve their right to seek financial compensation through the legal system. For more information about wrongful death in Illinois, speak to an experienced personal injury and wrongful death attorney.
Article provided by James P. Ginzkey, Trial Attorney
Visit us at http://www.jimginzkey.com
An Explanation of Wrongful Death Lawsuits in Illinois
The Illinois Wrongful Death Act provides an opportunity for families to seek financial compensation for their losses after the death of a loved one caused by someone else's negligence or wrongdoing.
2012-10-26
ELSE PRESS RELEASES FROM THIS DATE:
IRS Determinations of Responsibility for Unpaid Payroll Taxes
2012-10-26
One of the more difficult parts of being a business owner is dealing with tax issues. The tax laws in the U.S. can be complicated, and those who own or run business can easily make mistakes in payroll taxes. When the IRS believes that a business has not paid all of the payroll taxes it owes, it may pursue payment from not just the business owners, but any person whom it deems a responsible party. People should understand how the IRS determines who is a responsible party, what constitutes willful failure to pay taxes and the potential penalties a person faces for willful ...
Police Retaliation? 71-Year-Old New Yorker Facing Weapons Charges
2012-10-26
A 71-year-old New York man is currently facing charges of possessing dangerous weapons. The weapons at issue are not dangerous semi-automatic guns. In fact, the weapons in question are not even guns, switchblade knives, or brass knuckles.
Instead, according to the Huffington Post, the man received the weapons charges because a penknife and commemorative, miniature baseball bat were found within his vehicle.
The man facing these weapons charges, Joseph "Jazz" Hayden, has a reputation in his community as a civil rights advocate. Many members of this community ...
New Ignition Interlock Standard for Virginia
2012-10-26
Virginia drivers who are convicted of a first-time drunk driving offense now must install and use an ignition interlock system on their vehicles as a condition of receiving a restricted permit. The requirement took effect July 1, 2012. Previously, Virginia law required ignition interlock only for repeat offenders or for first-time offenders with very high blood alcohol levels, at 0.15 and above.
How Ignition Interlock Works
An ignition interlock system uses an analyzing device attached to the vehicle's ignition. In order to start the car, the driver must provide a ...
How Does a Parent Modify an Arizona Child Support Order?
2012-10-26
Parents have an obligation to support their children financially. When parents divorce, or when parents who were never married split up, one of the ways that a parent fulfills this obligation is by paying child support. In some cases, a parent's circumstances will change after the court enters a child support order and he or she will need to have the order modified. Arizona parents should be aware of what a child support modification is, when a parent may seek a modification and why a parent should use the court to modify child support.
When Can a Parent Seek Modification?
A ...
Protecting a Small Business in an Arizona Divorce
2012-10-26
Divorce is a difficult thing for most people to endure and the pain of divorce can increase exponentially for those small-business owners if they end up losing part of their business in a divorce property settlement. Arizona is a "community property" state, which means that the court splits a couple's marital assets evenly in the event of a divorce. Arizona business owners can take steps to prevent the court from viewing their businesses as marital property, and also to ensure that the court treats the businesses fairly in an asset division in the event that the ...
Chinese Court Takes a Bite Out of Apple
2012-10-26
Apple, Inc. is renowned for being the maker of wildly popular electronic devices such as the iPod, the iPad and the Macbook. The company is trying to expand its sales into China, and has opened four Apple Stores in the country. However, Apple has run into some legal issues regarding the use of the name "iPad." A Chinese company, Proview Technology, owns the trademark to the name in China and the two companies have been battling over the rights to the name since 2006. A December 2011 Chinese court decision rejected Apple's claim that Proview was infringing on Apple's ...
Improving Credit Scores After Bankruptcy
2012-10-26
While there is no quick fix to improving a bad credit score, there are steps that savvy consumers can take to improve their credit scores after filing bankruptcy. The first step is to review a copy of the credit report and make sure that any debts previously paid off or discharged in the bankruptcy are correctly indicated as such on the credit report. Otherwise, the amounts will continue to show up as delinquent, keeping the credit score down.
Consumers should also try to establish new credit. At first, it may not be easy to get a traditional credit card, but obtaining ...
San Francisco Bay Area Discrimination Lawsuit Gains National Attention
2012-10-26
A lawsuit filed by Kleiner Partner Ellen Pao is continuing to draw attention to discrimination allegations within technology businesses located in Silicon Valley. Silicon Valley, popular for its innovations in the technology industry, is facing heat as the lawsuit fuels a debate on the presence of sexism throughout the technology industry, according to Reuters.
Kleiner, a venture capital firm, is known for backing big names including Amazon.com and browser company Netscape. The firm not only denies the presence of discrimination within the company but also claims that ...
Houston Men's Club Sued for Providing Alcohol Leading to DUI Accident
2012-10-26
A recent drunk driving accident resulted in the death of an 18-year-old Caney Creek High School senior. The young woman was driving along the Sam Houston Parkway when another vehicle, allegedly driving at speeds over 130 mph by an intoxicated Erasmo Ramirez, collided with her pickup truck.
The force of the collision caused the bed to separate from the cab of the truck and become airborne. The truck bed ultimately landed on and crushed the cab. The high school senior suffered serious injuries from the drunk driving accident and died the next morning. Mr. Ramirez was charged ...
Enforcing Contracts in California: Recovering From Misrepresentation
2012-10-26
Companies rise and fall based on the strength and reliability of their business dealings. In the past, many business owners created obligations and made promises based on a handshake. Now, deal-making is much more complicated.
With every transaction, there is still an element of trust when dealing with others -- an assumption that the other party is telling the truth. Unfortunately, that assumption may be unreliable, even when the parties have a contract laying out each other's responsibilities and duties.
If one party to a contract fails to hold up his or her part ...
LAST 30 PRESS RELEASES:
Ancient engravings shed light on early human symbolic thought and complexity in the levantine middle palaeolithic
The sexes have different strengths for achieving their goals
College commuters: Link between students’ mental health, vehicle crashes
Using sugars from peas speeds up sour beer brewing
Stormwater pollution sucked up by specialized sponge
Value-added pancakes: WSU using science to improve nutrition of breakfast staple
Beyond the gut: A new frontier in IBS treatment by targeting the brain
New spin on quantum liquids: Quasi-1D dynamics in molecular spin systems
Spinal cord stimulation restores neural function, targets key feature of progressive neurodegenerative disease
Shut the nano gate! Electrical control of nanopore diameter
Cutting emissions in buildings and transport: Key strategies for 2050
How parents can protect children from mature and adult content
By studying neutron ‘starquakes’, scientists hope to transform their understanding of nuclear matter
Mouth bacteria may hold insight into your future brain function
Is cellular concrete a viable low-carbon alternative to traditional concrete for earthquake-resistant structures?
How does light affect citrus fruit coloration and the timing of peel and flesh ripening?
Male flies sharpened their eyesight to call the females' bluff
School bans alone not enough to tackle negative impacts of phone and social media use
Explaining science in court with comics
‘Living’ electrodes breathe new life into traditional silicon electronics
One in four chance per year that rocket junk will enter busy airspace
Later-onset menopause linked to healthier blood vessels, lower heart disease risk
New study reveals how RNA travels between cells to control genes across generations
Women health sector leaders good for a nation’s wealth, health, innovation, ethics
‘Good’ cholesterol may be linked to heightened glaucoma risk among over 55s
GLP-1 drug shows little benefit for people with Parkinson’s disease
Generally, things really do seem better in morning, large study suggests
Juicing may harm your health in just three days, new study finds
Forest landowner motivation to control invasive species depends on land use, study shows
Coal emissions cost India millions in crop damages
[Press-News.org] An Explanation of Wrongful Death Lawsuits in IllinoisThe Illinois Wrongful Death Act provides an opportunity for families to seek financial compensation for their losses after the death of a loved one caused by someone else's negligence or wrongdoing.