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.
The customer service was phenomenal and was able to answer all my questions and concerns!
Etemi Law has professional experience and serious work ethic I would highly recommend in selecting a lawyer.
Communication, always answering phone calls, always there for any questions no matter what, Etemi Law exceeded my expectations!!
Ron and Lou are terrific attorneys and care a great deal about their clients. I strongly recommend them for car accidents and other personal injury matters.
Hiring Attorney Etemi was life changing. He put my best interests at the forefront, working tirelessly to ensure that I was treated fairly and always informed. Ron was everything you want an attorney to be, and nothing that you don’t. He was thorough, insightful, methodical, informed, collaborative, and deeply passionate about my case. I do — and have — recommend(ed) Ron Etemi and Etemi Law without reservation.
Etemi Law is exceptional. Attorney Ron and Lou Etemi represented me in a very difficult accident case. We won! Etemi Law delivered.
I strongly recommend Etemi Law. Ron and Lou are the best in Connecticut. Thank you, Ron and Lou, for everything that you did for my case.
Ron handled my personal injury case from beginning to conclusion. From my personal experience, Ron is by far one of the best injury lawyers in Connecticut.
I highly recommend Etemi Law! They know the law inside and out and won’t just settle until their clients are provided with what they deserve.
Thank you to Lou and his team for all their help in a time of need. I highly recommend his services.
Ron and Lou’s negotiation and litigation skills are unmatched, and they are highly respected amongst their peers and the community at large.
Etemi Law was phenomenal since the first day we called them for help and delivered great results.
Ron and Lou are absolutely amazing at what they do.
Best in the business. They treat you like family and get results!
Two of the most aggressive attorneys I have ever met.
I highly recommend Etemi Law!
They communicated with me through the entire process . . . They are amazing at what they do!
A law firm that will give you results and treat you like family.
The Etemi brothers are the real deal.
You will not find representation better than Ron and Lou.
There is no law firm better then Etemi Law.
A fantastic duo.
Ron is the best.
Lou is simply the best!
Great attorneys, down to earth.
These guys are the best in CT.
Ron Etemi is a guiding light for our family.
The communication was beyond excellent.
Attorney Lou Etemi is a fighter! He fights for everything his clients deserve.