When someone’s careless, reckless, or intentional actions cause another individual’s untimely death, civil laws allow family members to collect compensation from the liable party. However, eligibility to file a wrongful death lawsuit depends on your relationship with the decedent. Likewise, the award amount will depend on the case specifics.
When your family is dealing with a family member’s sudden and avoidable passing, navigating the civil court procedure is likely the last thing on your mind. However, a Thomaston wrongful death lawyer could handle the investigation and legal filings on your behalf, allowing your family to go through the mourning process necessary for healing. Reach out to a compassionate personal injury attorney today to begin fighting for justice on behalf of your loved one.
Cause for Filing a Wrongful Death Lawsuit
Sadly, negligent deaths can result from many scenarios that we encounter daily. Common incidents leading to wrongful death lawsuits include the following:
- Vehicle accidents, including motorcycle and commercial truck crashes
- Bicycle and pedestrian accidents caused by negligent motorists
- Defective products, including dangerous drugs or medical devices
- Medical malpractice against an individual or provider
- Construction accidents caused by a third party
- Intentional criminal acts leading to fatal injuries
Any accident resulting from a person’s misconduct or carelessness could be a viable cause for a wrongful death action against the responsible individual or entity. A knowledgeable attorney could answer questions and review the details of a person’s unwarranted death to determine if there is evidence to prove liability in a Thomaston civil court.
The Illinois Wrongful Death Act
The rules and regulations for filing a wrongful death lawsuit are available in the Illinois Wrongful Death Act. According to the Act, when deaths occur because of unlawful actions, the defendant will face separate criminal and civil trials. In addition, under the Illinois Compiled Statutes 740 180/, when a person’s wrongful acts and disregard for the safety of others leads to fatal injuries, they are liable for damages.
The legislation states that surviving family members are eligible to file a civil claim and that those parties have the legal right to collect compensation from the responsible party. The Act also includes information regarding filing limitations, potentially recoverable damages, and other guidelines.
Potential financial damages include loss of financial and emotional support, burial expenses, psychological and emotional anguish, and pain and suffering. The court will award damage amounts they determine to be fair after thoroughly reviewing the evidence.
Time Frame to Commence Legal Action
A statute of limitations exists for negligent death cases, and unfortunately, failing to meet the filing deadline could mean losing eligibility to collect compensation. State legislation requires that a descendant’s surviving family members or estate file the claim within two years of the accident or cause of action. The clock begins to run the day the person succumbs to their injuries.
Legal Eligibility to File a Wrongful Death Claim
Under the Wrongful Death Act, the surviving spouse or, if the descendant was unmarried, the next of kin could pursue legal action. A diligent and seasoned lawyer in Thomaston could file a wrongful death lawsuit promptly and ensure it complies with state laws and regulations.
Schedule to Meet an Experienced Wrongful Death Attorney in Thomaston
Wrongful death lawsuits are challenging and present many obstacles. That said, facing the civil court process is often too much for the family after suffering the sudden and shocking death of a person they love.
Therefore, many families seek the help of an experienced and hardworking Thomaston wrongful death lawyer to handle the work on their behalf. When a person’s negligence or disregard for human life caused your loved one’s passing, you deserve justice. Call to schedule a consultation and begin working on your case.
Call us at (203) 680-8080, email, or via our online Free Case Evaluation Form to set up your free consultation today.
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