Who Can File a Wrongful Death Lawsuit in Illinois?
November 15, 2024
Who Can File a Wrongful Death Lawsuit in Illinois?
Losing a loved one is a devastating experience, especially when their death results from another person’s negligence. In Illinois, wrongful death lawsuits are designed to provide justice and compensation for families who suffer this tragic loss. At Halliday McCall, we’re committed to helping families navigate these complex cases and fight for the compensation they deserve.
Who is Eligible to File a Wrongful Death Lawsuit in Illinois?
In Illinois, the law specifies that only certain individuals are permitted to file a wrongful death lawsuit. Typically, the representative of the deceased person’s estate is responsible for initiating the claim. This representative is often appointed by the probate court and could be someone named in the deceased’s will or a family member. If no representative was appointed, the court will select one.
Illinois wrongful death law allows the following beneficiaries to seek compensation:
Spouses: The surviving spouse of the deceased may seek damages.- Children: If the deceased has minor or adult children, they are eligible to recover compensation for their loss.
- Parents: If the deceased was a minor child, the parents have the right to file a claim.
The purpose of the lawsuit is to benefit the surviving family members who relied on the deceased emotionally or financially. It is essential to act quickly, as Illinois has a two-year statute of limitations for wrongful death claims. Missing this deadline may prevent the family from recovering any compensation.
How is Compensation Calculated in Illinois Wrongful Death Cases?
Compensation in an Illinois wrongful death lawsuit aims to cover both economic and non-economic damages. The value of a wrongful death claim can vary significantly depending on the unique circumstances of each case. Here’s a breakdown of factors that contribute to the calculation of compensation:
1. Economic Damages
These damages account for the financial contributions the deceased would have provided to their family. Economic damages may include:
Medical Expenses: Any medical bills incurred due to the injury or illness that led to the wrongful death.- Funeral and Burial Costs: Reasonable expenses associated with laying the deceased to rest.
- Lost Wages and Benefits: The income the deceased would have earned if they had survived, including potential future earnings.
- Loss of Inheritance: This refers to what the deceased would have likely left behind for family members in terms of financial assets.
2. Non-Economic Damages
These damages are awarded for emotional suffering and the loss of companionship caused by the death. Non-economic damages may include:
Loss of Companionship: The deceased’s loved ones are compensated for the emotional void left by their absence.- Loss of Guidance and Support: Especially relevant for minor children, this accounts for the absence of parental guidance and emotional support the deceased would have provided.
- Pain and Suffering: Compensation may also cover the emotional distress experienced by the deceased’s loved ones.
Illinois law does not impose a cap on the amount that can be awarded in wrongful death cases, which means the compensation can be substantial depending on the impact on the surviving family members.
Let Halliday McCall Assist You with Your Wrongful Death Case
At Halliday McCall, we understand the profound impact of losing a loved one and the challenges of navigating a wrongful death lawsuit. Our dedicated team is here to provide compassionate guidance and skilled legal representation to ensure that you receive fair compensation. We are committed to advocating for Illinois families and helping them secure the justice they deserve.
If you have questions about wrongful death lawsuits in Illinois or need help with a personal injury matter, contact Halliday McCall today. Let us handle the legal complexities so that you can focus on what truly matters—honoring your loved one’s memory and finding a path forward.
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Most dogs are friendly, and most dog owners are responsible, but dog attacks do happen from time to time. If you've been the victim of an attack, or your own dog has been involved in an incident, there are numerous issues surrounding liability and negligence. The owner or controller of the dog can be held liable in the event of personal injury or property loss. Various laws are relevant depending on the circumstances and jurisdiction of the attack. Based on data from the Centers for Disease Control and Prevention (CDC), over 4.5 million people are bitten by dogs annually. This results in 800,000 injuries that require medical attention and accounts for roughly one-third of all homeowners insurance liability claims. In the majority of these situations, the person who owns the dog is held responsible. However, a third party can also be liable. If you need legal assistance in ļ»æ Peoria, Illinois ļ»æ or elsewhere in Illinois for a dog attack, please contact our legal team today. Liability for dog owners In most cases, dog owners are liable for any injuries their pets cause. This includes situations where the owner knew the dog had a tendency to cause that kind of injury, or where the injury was caused by unreasonable carelessness on part of the owner. In these cases, the victim needs to prove negligence. It also includes situations where the owner is held liable automatically, whether or not they knew the dog had a tendency to cause that kind of injury. In these cases, the victim of a dog attack does not need to prove negligence to receive compensation. Two major factors decide whether or not the victim needs to prove negligence: the details of the dog attack and the jurisdiction where it occurred. Along with these details, certain factors can remove or alter liability for the dog owner. For example, if the victim provoked the animal or was trespassing on the property, the owner may not be automatically held liable. However, the dog owner may still be responsible for paying medical bills, lost wages, property damage, and pain and suffering. Other factors can also influence liability, including dogs handled in a professional capacity as part of law enforcement or military programs. There are three types of laws that impose liability on dog owners: Dog-bite statute - Under this statute, the dog owner is held liable for any injury or property damage caused by the dog. This statute is upheld automatically, and it's not based on provocation. Violation of this statute results in strict liability rather than negligence. One-bite rule - In some jurisdictions, liability is based on history and knowledge of previous vicious incidents. However, some states have moved away from the one-bite rule, with owners held responsible for any injury regardless of history. Negligence laws - Situations that involve potential negligence can be complex, with legal support often required. The dog owner or person caring for the dog is liable when the injury occurred due to unreasonable care in the context of controlling the dog. Liability for third parties In most cases, regardless of where the attack occurred, the dog owner is legally responsible for all bites and injuries caused by their animal. However, someone else can be held liable together with the dog owner in the following situations: A third party who had care or control over the dog, including dog sitters and dog walkers A dog owner who is less than 18 years of age A property owner (dog owner's landlord) who knew the dog was dangerous but didn't act Liability for third parties is related to common law and strict liability rules. Under common law, liability is based on negligence, either from the dog owner or a third party who is caring for the dog. This also applies to strict liability cases, where dog-bite statutes define an "owner" as someone who's keeping a dog. This includes the person who owns the dog or anyone else who harbors the animal. Differences between states In the US, most jurisdictions impose statutory strict liability for dog attacks. This makes the dog owner legally liable to the victim by default. Dog-bite statutes that impose strict liability date back to the 1700s, and they're still used in the majority of states. The one-bite rule applies in just 14 states: ID, ND, SD, WY, NV, KS, NM, TX, AR, MS, VA, MD, VT, and AK. In another five states, mixed rules apply, including laws based on negligence: OR, NY, TN, NC, and GA. If you need legal assistance in ļ»æ Peoria, Illinois ļ»æ or elsewhere in Illinois, we are here to help. Please reach out to us if you were the victim of a dog attack.
When it comes to premises liability law, one of the most common types of cases filed here in ļ»æ Peoria, Illinois ļ»æ are slip and fall claims. Many people are injured yearly in accidents due to slippery or uneven surfaces, and these claims can be complicated to navigate. If you have been injured in a slip-and-fall accident, it's important to understand your legal rights and options to make the right decision for your case. In this post, you will find some of the most frequently asked questions about slip and fall claims and information about how to proceed if you have been injured. What are slip and fall claims? A slip and fall claim is a type of personal injury claim that arises when someone is injured due to a dangerous or slippery surface. These claims can be filed against private property owners and businesses and can be complex to litigate. A variety of injuries can result from a slip and fall accident, and the severity of the injuries will depend on the circumstances of the fall. Some common injuries include broken bones, concussions, back and neck injuries, and soft tissue damage. If you have been injured in a slip and fall accident, you may be able to make a claim against the person or business responsible for the property where the accident occurred. In order to succeed in such a claim, you will need to show that the property owner was negligent in their duty to keep the premises safe. Common examples of negligence include failure to clean up spills, repair broken sidewalks, and warn visitors of potential hazards. If you can prove that the property owner was aware of the hazard and failed to take action, you may be able to recover damages for your injuries. What steps should you take after a slip or fall? If you have been involved in a slip and fall accident, there are a few important steps that you should take in order to protect your legal rights: 1. Seek medical attention as soon as possible, even if you don't think you're injured If you've suffered a slip or fall accident, it's important to seek medical attention as soon as possible, even if you don't think you're injured. This is because some injuries, such as internal bleeding or concussion, may not immediately appear. Any delay in seeking treatment could worsen your condition and impact your legal case if you decide to pursue one. In addition, seeking prompt medical care will provide your lawyer with documentation of your injuries that will be essential for proving your case. So if you've been in a slip or fall accident, don't delay getting the medical attention you need. 2. Gather evidence from the scene of the accident After you have been involved in a slip or fall, gathering evidence from the accident scene is important. This evidence can help to establish what caused the accident and who may be at fault. For example, if you slipped on a wet floor, taking photographs of the wet floor and any warning signs can help show that the property owner was aware of the hazard and did not take steps to mitigate it. Similarly, if you fell down a set of stairs, taking pictures of the stairs can help to show that they were in disrepair and posed a danger to anyone using them. In short, gathering evidence from the scene of an accident is an important step in protecting your legal rights and ensuring that you receive compensation for your injuries. 3. Contact a personal injury lawyer to discuss your case The likelihood of winning slip and fall claims depends on several factors, including the severity of your injuries and the circumstances of the accident. However, there are some general guidelines that can help you decide whether to seek legal counsel. 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Who can help you with your personal injury claim for a slip and fall accident? If you've been injured in a slip and fall accident, you may be wondering who can help you with your personal injury claim. The answer is an experienced and qualified personal injury attorney. A personal injury attorney will know how to investigate your accident, gather evidence, and build a strong case on your behalf. They will also be familiar with the ins and outs of the legal system, and they will fight diligently to get you the compensation you deserve. If you're looking for help with a personal injury claim in ļ»æ Peoria, Illinois ļ»æ , get in touch for a free consultation.