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A judge must find negligence in wrongful death claims

Losing a loved one constitutes a traumatizing experience. When you lose a loved one due to the careless actions of a company or an individual, you may feel especially devastated. While beginning to recover, you know that you deserve compensation for the loss of your loved one, and you want to file a wrongful death lawsuit against the individual(s) responsible for your family member’s death.

You have the opportunity to receive substantial damages for both monetary expenses related to your loved one’s death, as well as the emotional effects that your loss has on your future. When you file a claim related to receiving compensation, you may wish to speak with an experienced wrongful death attorney, so that he or she can aid you in proving the negligent actions of the individual or company. You have a specific amount of time to file the claim, and you want to begin receiving reimbursement for expenses as soon as possible.

Know that in Illinois, if you experience the tragic death of a loved one due to the actions or inaction of another party, you have the ability to receive compensation.

Negligence and the responsible party

To obtain compensation from a company or individual’s insurance, a court must understand that negligence caused the death of your family member. Perhaps your loved one died in a car accident, in which the responsible driver failed to yield at a crosswalk. Perhaps your loved one died in a hospital after they were administered incorrect medication. In these instances, negligent actions caused the death.

Proving negligence involves the following determinations.

  1. The responsible party had a duty to care for your loved one.
  2. The responsible party failed to uphold that duty by driving too fast, ignoring medical information or forgetting to clean up a slippery entryway.
  3. The negligent action caused your loved one to sustain substantial injuries and die.
  4. You face monetary and emotional damages.

After a court determines that the responsible party engaged in negligent action that ended your loved one’s life, you can begin to receive a settlement. Many families will provide medical bills, funeral expenses and other tangible costs to present to the court for reimbursement.

Loved ones may also receive emotional damages for the following, according to Illinois law.

  • Grief
  • Sorrow
  • Mental suffering

Do not attempt to receive compensation alone. Wrongful death attorneys can help provide all evidence associated with proving negligence of the responsible party, and you can focus on recovering from your loss without monetary burden.

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