Wrongful Death Lawyer Bloomington, IL
When Can a Wrongful Death Claim Be Filed?
Wrongful death claims are lawsuits that are brought against a person, business, or other legal entity that has somehow caused the death of another. Wrongful death can occur as a result of negligence, recklessness, or as a result of intentional actions. A wrongful death claim is designed to allow those close to the deceased person, or even the estate, to sue the person or organization that is legally responsible for the loss of the deceased. While laws vary from state to state, wrongful death claims are generally filed by the executor of the decedent’s estate. This person will often act on behalf of the surviving family members. When a loved one and/or executor is interested in filing a wrongful death action, it is a good idea to consult with an experienced wrongful death lawyer Bloomington, IL residents rely on. Working with the team at Pioletti Pioletti & Nichols will help to ensure that you understand your legal options and that your rights are protected as you move forward with a wrongful death action.
When Is A Wrongful Death Claim Suitable?
Generally speaking, a wrongful death claim can be brought against a person or organization after someone has died as a result of wrongful action on the part of the defendant. There are several situations that could inspire someone to call our Bloomington, IL wrongful death lawyer team with the intention of filing a wrongful death action:
- Intentional fatalities. When someone knowingly puts into the course of events actions that result in someone else’s death, these are intentional fatalities. One of the most common instances would be a homicide.
- Motor vehicle fatalities. There are quite a few instances where a wrongful death suit involving a fatality in an automobile accident would be applicable. For example, the manufacturer may be responsible for a faulty part that caused the death of someone else. Conversely, another driver may be held responsible for killing someone while they were driving under the influence.
- Medical malpractice fatalities. A wrongful death lawsuit brought against a doctor may be suitable in certain cases. For example, if a doctor failed to diagnose a condition, or his or her negligent actions resulted in the death of a patient, they may be legally responsible for the patient’s death.
This list is in no way exhaustive. These are just a few examples of situations that may result in grounds for a wrongful death claim. In almost any kind of personal injury that results in death, a wrongful death claim would be suitable. However, as all cases are different, it is important to speak with a Bloomington, IL wrongful death lawyer before making any assumptions about your situation specifically.
What Needs to Be Proven During a Claim?
To hold a party responsible for the decedent’s death in a wrongful death claim, the burden of proof falls on the representative who files the claim. It must be shown that the defendant owed the duty of care to the victim. Not only that, but it must be proven that the defendant not only breached this duty, but that the breach of duty was what resulted in the death of the decedent. The plaintiff must also show that the death resulted in damages. Our Bloomington, IL wrongful death lawyer understands the ins and outs of wrongful death actions and would be more than happy to advise you of your options.
Who Can Pursue A Wrongful Death Lawsuit For a Fallen Loved One?
Wrongful death can happen when someone dies because of another’s misconduct or negligence. While there may be a criminal prosecution case against the offender, a wrongful death claim or lawsuit can be filed through civil court as well. Grieving family members may want to pursue legal action for justice of their fallen loved one. In wrongful death lawsuits, the surviving family can often receive a monetary award for their loss.
Because wrongful death lawsuits can be immensely emotional and tragic, having a dedicated wrongful death lawyer in Bloomington, IL to rely on is imperative to the outcome of the case.
In what instances may wrongful death happen?
There are various scenarios that may cause a wrongful death lawsuit to come to fruition. Perhaps someone passed away due to a car accident, medical malpractice, manufacturing defect, toxic tort, or criminal activity. Every state has its own set of laws pertaining to wrongful death, including criteria for filing a lawsuit. Family members who aren’t sure if they are eligible to file for a wrongful death case are encouraged to visit with an experienced Bloomington, Illinois wrongful death lawyer in their area, who has represented these sensitive and complex lawsuits before.
Which family members can pursue a wrongful death lawsuit?
Depending on the state you live in, a wrongful death lawsuit can be pursued with help from a wrongful death lawyer in Bloomington, IL on behalf of survivors who endured harm and loss after the decedent’s passing. These survivors are referred to as “real parties in interest”, and may include children, spouses, or parents of unmarried children. In certain states, grandparents, siblings, financial dependents or putative husbands/wives are eligible to seek damages.
How does a wrongful death lawsuit begin?
Once the eligible surviving family members decide they want to pursue legal action, they must gather evidence that proves the death was caused by another’s careless behavior, intentional actions, or negligence. During this time, it is strongly advised that the surviving family members get help from a Bloomington, IL wrongful death lawyer who is knowledgeable of the nuances pertaining to wrongful death cases.
What types of damages can be collected in the lawsuit?
Both noneconomic and economic damages can be sought by the surviving family. Economic damages can include losses like loss of consortium, loss of support, loss of inheritance prospect, out-of-pocket expenses, medical costs, and funeral expenses. Examples of noneconomic damages entail pain and suffering that the deceased experienced prior to death. The court may decide to award punitive damages if the decedent passed due to gross negligence or egregious conduct.
What does it mean to file a “survival action”?
The decedent’s surviving family members may file a survival action, which is for situations when the decedent doesn’t pass away immediately and a personal injury lawsuit is pursued. This claim enables the decedent’s estate to receive damages for pain and suffering he or she endured before passing away. The court will likely evaluate the degree to which the decedent was aware that death would happen, how conscious they were, and severity of pain experienced before passing.
If you would like to speak with a Bloomington, Illinois wrongful death lawyer, call Pioletti Pioletti & Nichols.