Wrongful death is defined as a death that occurred due to the negligent or wrongful actions of another party. Wrongful death lawsuits may follow a death caused by a drunk driver accident, workplace accident, construction accident, assault, medical malpractice, and more. Through a wrongful death claim, a surviving loved one may receive compensation for the expenses and losses incurred by the death. This may include compensation for medical bills, funeral and burial expenses, mental anguish, and the loss of companionship. If you have recently lost a loved one, you may wonder who is entitled to bring a wrongful death claim in Illinois.
Determining Whether a Successful Wrongful Death Claim Is Possible
Not every unexpected death qualifies as wrongful death. The Illinois Wrongful Death Act states that a party may be liable to an action for damages if:
- The death of a person was caused by the party’s neglect, wrongful act, or default; and
- If the person had not died, he or she would have been entitled to recover damages for his or her injuries
Most wrongful death claims involve a party who was negligent. A successful wrongful death claim based on negligence is possible when the responsible party has a duty of care, the party breached that duty, an individual dies as a result of the breach of duty, and damages are incurred....