Attorneys
Where your injury case is all that matters
TAKE ACTION NOW!
NO FEE UNLESS YOU WIN
OFFICE LOCATION

What must I prove in a wrongful death suit?

If you are an Illinois resident who recently has lost a loved one due to an accident and/or injury caused by someone’s negligence or malice, you may be considering filing a wrongful death action against the person and/or entity who you believe is responsible for your loved one’s death. As FindLaw explains, the personal representative of your loved one’s estate can file a wrongful death claim for many reasons, such as medical malpractice, a vehicular accident, a workplace injury or someone’s criminal behavior.

To prove wrongful death, you will need to prove the following four elements by a preponderance of the evidence:

  1. A human being died.
  2. The decedent’s death was caused by someone’s negligence or intent to cause harm to him or her.
  3. You and other family members are the decedent’s survivors and are suffering economic damage as a result of his or her death.
  4. The decedent’s estate has an appointed personal representative.

Types of damages available

When you are successful in a wrongful death action, the person and/or entity responsible for your loved one’s death must compensate you for the following:

  • The decedent’s medical and funeral expenses
  • The decedent’s pain and suffering from the time of the injury to the time of his or her death
  • Your loss of the decedent’s support; i.e., his or her income had he or she continued to live
  • Your loss of the decedent’s services
  • Your loss of the prospect of inheriting from the decedent had he or she continued to live

In addition, you may be entitled to punitive damages if the actions and conduct of the responsible party were particularly egregious. While this information should not be taken as legal advice, it can help you understand the wrongful death process and what to expect.

  1. "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....
    -Jeff D.

  2. "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....
    - Dave

  3. "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.
    -Jennifer

  4. "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day... -Larry

  5. "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.
    - Tyler D.

  6. "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.
    - Karen K.

  7. "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends. -Dan H.

TAKE ACTION NOW!
NO FEE UNLESS YOU WIN

TAKE ACTION NOW! NO FEES UNLESS YOU WIN!

We’ll review your case at NO COST TO YOU. And, you don’t pay any fees unless we win your case. Contact us today.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Attorneys

Main Office

Law Offices of Mathys & Schneid
1730 Park Street
Suite 209
Naperville, IL 60563

Phone: 630-848-9294
Fax: 630-428-0044
Map & Directions

Law Offices of Mathys & Schneid
212 W Washington, Suite 809
Chicago, IL 60606

Map & Directions

Chicago Office

Call button