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Wrongful Death Claim Filed Against Illinois Veterans Home

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Harvey L. Walner & Associates, Ltd.

August 8, 2018

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A lawsuit has been filed against a Quincy, Illinois, Veterans Home after a male resident died following a bout of Legionnaires’ Disease that struck the facility. The family of the veteran is seeking $100,000 in the wrongful death of the man. The lawsuit claims the facility was negligent in maintaining its water systems and the negligence led to an outbreak of Legionnaires’ Disease.

What is a Wrongful Death Lawsuit?

Illinois, like other states, has very specific laws that govern claims for wrongful death. Illinois statutes define wrongful death as the death of a person that is caused by the wrongful act, default, or default of another party, and the death would not have occurred if such neglect, act, or default had not occurred. The entity or person that caused the death can be held liable in such a lawsuit.

Who Can File a Wrongful Death Claim in the State of Illinois?

Illinois requires that a personal representative of the estate of the deceased person file the wrongful death claim. The representative can be a close relative of the deceased person such as a spouse, adult child, or parent of a minor child of the person that is deceased.

If there are no personal representatives of the deceased person’s estate, the court can appoint a personal representative. This person is responsible for pursuing the claim for wrongful death and making sure that other tasks related to the estate are carried out.

Statute of Limitations for Wrongful Death Claims

In Illinois, the claim for a wrongful death must be filed within one year of the date of death of the deceased person, or according to the statute of limitations, which in some cases, is different than the typical one-year limitation. An experienced wrongful death attorney can discuss with you the situation surrounding your case and help you determine what the statute of limitations is. Failing to file the lawsuit within the appropriate timeframe could result in your inability to ever do so, making it imperative to contact a wrongful death attorney as soon as possible.

Damages in a Wrongful Death Case

Damages paid in a wrongful death lawsuit are for the exclusive benefit of the survivors of the deceased person such as their spouse, children, or other next of kin. The jury in a wrongful death claim can award any damages that they deem to be fair and just considering the losses that resulted from the death. These damages may include compensation for sorrow, mental suffering, and grief. These damages are distributed by the court according to how much they depended on the deceased individual for support.

Some damages in an Illinois wrongful death claim are not paid directly to the family, such as those for medical, funeral, or burial expenses. Damages for loss of companionship and care, however, are paid directly to the deceased person’s spouse, children, or next of kin.

Contact a Wrongful Death Attorney Today

If you have lost a loved one due to another individual or entity’s negligence, you could be entitled to compensation for your loss. While a wrongful death claim won’t bring back your loved one, it could help relieve the financial burden caused by your loss. The Chicago attorneys at Harvey L. Walner & Associates have decades of experience helping families get the compensation that they are entitled to. Contact them today to find out if your situation would make a good wrongful death claim.

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