Experiencing the loss of a loved one is an incredibly difficult and heartbreaking ordeal, especially when it could have been prevented. Mark Wilson is a trusted wrongful death lawyer in Peru, IL, who is here to support you in seeking justice and fair compensation.
With our expertise and compassionate approach, we will guide you through the legal process, ensuring that your claim is handled with proficiency and care. We believe that you deserve prompt answers and empathetic legal counsel during this challenging time.
Wrongful Death Lawsuits: Seeking Justice for Your Loved One
A wrongful death lawsuit involves pursuing a legal claim against an individual who negligently caused the death of another person. In Peru, IL, common causes of wrongful deaths, as reported by the Illinois Department of Public Health, include motor vehicle accidents, product liability, animal attacks, medical malpractice, and workplace accidents.
By filing a wrongful death claim, you can seek both closure and compensation for your loss. The eligible victims, who can bring forward a claim, include spouses, children, or parents of the deceased.
Understanding Wrongful Death Laws in Illinois
Illinois has two specific laws pertaining to wrongful death cases: the Illinois Wrongful Death Act and the Illinois Survival Act. The Illinois Wrongful Death Act allows victims to pursue financial damages to address the economic impact caused by the loss of their loved one. For example, the death of a spouse may result in financial hardship for the remaining family members.
On the other hand, the Illinois Survival Act covers economic and non-economic damages, such as emotional trauma, pain, and suffering endured by the deceased prior to their passing.
Establishing a Wrongful Death Case
To successfully win a wrongful death case, the legal team at Wilson Law Office must establish four key elements. First, it must be demonstrated that the defendant had a duty to exercise reasonable care to prevent harm to others. Secondly, it needs to be proven that the defendant breached this duty, such as in cases involving a drunk driver causing a fatal car crash.
The third element involves establishing a causal connection between the defendant’s actions and the breach of duty. In other words, it must be shown that the defendant’s actions directly led to the fatal incident. Lastly, the damages resulting from the wrongful death must be clearly outlined, encompassing both economic and non-economic losses. This could include medical expenses incurred prior to the passing and the emotional anguish suffered by the deceased.