If a loved one dies in Burbank, Illinois, from the negligence or negligent actions of another individual or company, this may be termed a wrongful death. The dependents who survive are allowed under Illinois law to take action against the alleged wrongdoer. However, the family or other relatives of the deceased must make a decision. After talking with several wrongful death lawyers, they are faced with a decision. How do they proceed?
Potential Paths
In Illinois, a survivor can consider one of two major ways to take the case to court. Wrongful death lawyers can file the suit from Burbank, IL under the:
- Wrongful Death Act (740 ILCS 180/): This is a civil matter
- Illinois Survival Act
In most cases, lawyers will turn to the Wrongful Death Act when registering and pursuing their claim.
What Does the Wrongful Death Act Require?
A wrongful death claim must first-and-foremost fit the definition as provided in the Act. Wrongful death lawyers spell out to their clients the pertinent definition and precisely explain how this form of legislation differs from others related to personal injury resulting in fatality. Under the Act, only the next-of-kin may be eligible to take action. Kin is defined as those blood relatives who would receive the estate if the deceased died intestate.
The Act also requires that the plaintiff prove the following before he, she or they can establish a successful claim against the alleged negligent party:
- The defendant must be proven to owe a “legal duty” to the deceased individual from Burbank, IL
- The defendant broke this legal duty to the deceased
- The breach of duty by the defendant resulted in monetary damages to the plaintiff named in this wrongful death action.
If the attorney is successful in getting the action accepted, he or she can make several claims for compensation.
What Can the Plaintiff Claim in a Wrongful Death Suit?
In a wrongful death claim, the plaintiff can ask for the following damages:
- Loss of a relationship
- Loss of future income or monetary support
- Loss of love and companionship
- Medical bills including emergency care costs
- Funeral and burial costs
All these items or damages must be expressed solely in monetary terms. Under Illinois law, this is referred to as “pecuniary damages.” Neither the plaintiff nor to his or her wrongful death lawyers will receive the awarded damages directly. The money is handed over to the Personal Representative or Executor of the estate. He or she will make sure they are distributed correctly.
Wrongful Death Lawyers
If a partner, child, spouse or other close relative dies in Burbank, IL from the negligent actions of others, you have the right to take them to task. Under the Wrongful Death Act, you can lay claim to pecuniary damages. Before you decide to take this route, be sure to take time to contact experience professionals. Employ the expertise of wrongful death lawyers to help you get it right.
If you live in Burbank, Wrongful Death Lawyers can help you launch a successful case against those responsible for the premature death of your loved one. With years of experience and dogged determination, MAC Law will work to supply you with the support and skill you need to make your case a successful one. To discover more about who we are and what we do, visit www.covonelaw.com.
