Making the Case for Wrongful Death

 Posted on December 00,0000 in Wrongful Death

If a loved one has been killed in a traffic accident, it can be difficult not to see any circumstance as one that can be deemed a “wrongful death.” In a court of law, however, a wrongful death in the event of a traffic accident is one determined by specific legal metrics pertaining to the circumstances of the accident. In a wrongful death case, the person responsible for the accident must be considered liable for the incident. If, for example, the driver was drunk behind the wheel when the accident occurred, he or she can likely be held liable for a wrongful death case. Conversely, if the brakes on the car malfunctioned he or she will likely not be considered liable in a wrongful death case.

The difference between a wrongful death and a reckless endangerment or vehicular manslaughter charge is subtle. A wrongful death case can be invoked if the court rules that a person cannot be held liable for manslaughter or unintentional death of another person. An easy rule of thumb to understand whether or not you have a case for wrongful death is to consider if the person would be able to recuperate damages in the event that he or she were still living. If the person could have sued someone and been entitled to a settlement, the chances are that his or her death can be considered “wrongful.”

Determining who can sue for wrongful death can be complicated as well. In Illinois, only the surviving spouse or next of kin can sue for wrongful death. This means that if you are the deceased’s non-married partner, for example, you may not likely be able to make the case. The jury decides the amount of damages that will be awarded based on a projection of cost for injuries resulting from grief, sorrow, and mental suffering. In many cases, if a person can make a case that he or she was unable to go to work after the loss of the loved one, he or she may also be able to make a case that the liability should include lost wages.

If you or someone you know has experienced an incident that you believe could be considered wrongful death, the most important step is to seek legal counsel. Do not go through it alone. Contact an experienced Lake County wrongful death attorney today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059