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What Types Of Damages Can Be Recovered In A Wrongful Death Lawsuit?

Walner Law®
Walner Law®

November 23, 2022

With the help of Lady Justice and a wrongful death attorney, you can get the justice you deserve.

The death of a loved one is an incredibly difficult experience. When that death result from someone else’s negligence, it can be even harder to cope. At Walner Law, we understand the pain that you are going through, and we are here to help. We work with the victim’s children, surviving spouse, beneficiaries, or dependents to pursue legal action to hold others responsible for the untimely passing of your loved one.

A wrongful death occurs when the negligent conduct of a person or entity results in the preventable death of another person. The most common types of damages you can recover in a wrongful death case are compensatory damages. These damages are meant to compensate the victim’s family for their losses. This can include things like:

  • Medical expenses
  • Funeral expenses
  • Lost wages
  • Pain and suffering

In some cases, punitive damages may also be awarded. Punitive damages are meant to punish the defendant for their actions and to deter others from engaging in similar behavior.

No amount of money can bring that person back, but recovering compensation can ease your financial burdens so your family can grieve in peace. We have the experience and resources to help you get the justice you deserve. If you have lost a loved one due to someone else’s actions, you may be entitled to file a wrongful death lawsuit. Contact an experienced wrongful death attorney at Walner Law for a free consultation to discuss your case.

What are the causes of wrongful death?

There are many potential causes of wrongful death. Some of the most common causes include medical malpractice, car accidents, defective products, and workplace accidents.

  1. Medical malpractice: Medical malpractice is one of the most common causes of wrongful death. When a doctor or other medical professional provides negligent care, it can lead to severe injury or death.
  2. Car accidents: When a driver is negligent behind the wheel, it can lead to a serious accident claiming innocent victims’ lives. In addition to causing fatalities, car accidents can also cause severe injuries such as spinal cord injuries, brain injuries, and amputations.
  3. Defective products: A product may be defective if it’s poorly designed, improperly manufactured, or defectively marketed. If a defective product causes a serious accident, the victims may be entitled to file a product liability lawsuit.
  4. Workplace accidents: When an employer fails to provide a safe work environment, it can lead to serious injuries or fatalities. Some of the most common workplace accidents include construction accidents, falls, and fires.

Contact a wrongful death attorney at Walner Law today for your free consultation.

Who can file a wrongful death suit in Illinois?

A wrongful death lawsuit is a type of personal injury lawsuit brought by the survivors of a person who died due to the negligence or intentional act of another person or entity.

In Illinois, the deceased person’s personal representative can file a wrongful death lawsuit. If the deceased left a will behind, the person assigned within the will likely be the personal representative or executor. If there is no will, the court will appoint someone to be the personal representative.

A wrongful death claim allows the survivors to seek compensation for the losses they suffered as a result of the death. These losses may include the following:

  • Decedent’s medical expenses
  • Funeral and burial expenses
  • Lost income
  • Loss of benefits
  • Value of the decedent’s pain and suffering

The survivors must establish that the death was caused by another person or entity’s negligence or intentional act to bring a wrongful death claim. This can be difficult to do, especially if the death was caused by a car accident or medical malpractice.

It’s important to note that there is a statute of limitations of two years in Illinois for wrongful death lawsuits. A wrongful death case can be a complicated and expensive process. It’s essential to have an experienced wrongful death attorney to help you through the process.

What damages can be recovered in a wrongful death lawsuit?

A judge's gavel is used in court when pursuing a wrongful death case with a wrongful death lawyer.

In a wrongful death lawsuit, several types of damages can be recovered. These damages can include economic damages such as:

  • Medical expenses
  • Funeral expenses
  • Lost wages

Non-economic damages, although more challenging to calculate, can also be recovered in a wrongful death case. These damages can include things like:

  • Pain and suffering
  • Loss of consortium
  • Emotional distress

Punitive damages may also be available in cases where the defendant’s conduct was especially egregious.

Why should you hire a wrongful death lawyer?

A wrongful death attorney can help you get the wrongful death claim paperwork started.

When someone dies due to the negligence or carelessness of another person, their family deserves to be compensated for their loss. An experienced attorney can help you manage the legal process and help you get the compensation and justice you deserve. The money you receive from a wrongful death lawsuit can help you cover medical bills, funeral expenses, and other costs associated with the death of a loved one. It can also help you cope with the emotional trauma of the loss.

If you have lost a loved one in an accident, you may wonder if you are entitled to file a wrongful death lawsuit. The best way to determine if you are entitled to file a wrongful death lawsuit is with the help of an experienced wrongful death attorney. Call our team of Chicago wrongful death lawyers at Walner Law to schedule your free consultation today.

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