PLEASE NOTE: In response to Covid-19, we are offering our clients the ability to meet with us remotely via telephone or video conferencing.

Law Offices of Mathys & Schneid - Naperville Personal Injury Lawyer
Illinois Personal Injury Law Firm

Free Consultations:

No Fee Unless You Win | Phones Answered 24 Hours A Day

Map & Directions
Email Our Firm
X

30 Second Online Case Analysis

Were You Injured in IL?
Law Offices of Mathys & Schneid - Naperville Personal Injury Lawyer
Illinois Personal Injury Law Firm

Free Consultations: 630-848-9294

No Fee Unless You Win | Phones Answered 24 Hours A Day

1730 PARK STREET SUITE 209 NAPERVILLE, IL 60563

When Winning Matters, Your Lawyer Matters

We’ve Recovered More Than

$

For Our Clients

Attorneys
  1. You Are Here: Home
  2.  » 
  3. Personal Injury And Death
  4.  » What must I prove in a wrongful death suit?

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.

Archives

FindLaw Network
Rated By | Super Lawyers
Google Reviews
Multi-Million Dollar Advocates Forum
Avvo Rating | 10.0 Superb | Top Attorney Personal Injury
America's Top 100 Attorneys | Lifetime Achievement | Top 100

More of Our Results

Take Action Now! No Fees Unless You Win!

Click to send your case details: