Each year, countless families in Illinois endure the heartache of losing a loved one to preventable causes. Between 2004 and 2014, public hospitals in Illinois paid over $180 million in wrongful death suits due to medical errors alone.
However, proving negligence is a critical and complex component of these claims. Thus, understanding the legal process can make a significant difference in holding at-fault parties accountable.
Read on as we discuss the legal framework and strategies to help you build a strong wrongful death lawsuit and secure justice for your loved one.
What are Wrongful Death Claims?
A wrongful death claim arises when an individual dies due to the negligence or misconduct of another person or entity. This type of claim allows the deceased person‘s estate or family members to file a lawsuit seeking compensation for their loss.
Illinois law provides a clear legal framework for wrongful death claims. The Illinois Wrongful Death Act allows the personal representative of the deceased person‘s estate to bring a lawsuit on behalf of the surviving family members.
The primary purpose of this law is to provide financial support to the deceased’s survivors. At the same time, it also aims to hold the responsible parties accountable.
4 Elements of Proving Negligence in Wrongful Death Claims
Duty of Care
Duty of care refers to the legal obligation to act in a manner that avoids causing harm to others. This duty can arise in various contexts.
For example, medical professionals have a duty to provide competent and standard medical care to their patients. Similarly, drivers are obligated to operate their vehicles safely and follow traffic laws to prevent accidents.
Establishing the duty of care is sets the stage to demonstrate that the defendant’s actions deviated from what is legally expected.
Breach of Duty
Once the duty of care is established, the next step is to show that the defendant breached this duty.
A breach occurs when the defendant fails to act as a reasonably prudent person would. This can manifest in various forms such as:
- medical malpractice
- reckless driving
- neglecting to repair known hazards
Demonstrating a breach of duty involves showing that the defendant’s actions fell short of the standard of care.
Causation
Proving causation involves demonstrating that the defendant’s breach of duty directly caused the death of the deceased. There are two types of causation that must be established:
- Actual cause means showing that the death would not have occurred “but for” the defendant’s actions.
- Proximate cause, on the other hand, refers to whether the death was a foreseeable result of the defendant’s actions.
The plaintiff must show that the harm caused was a natural and probable consequence of the breach. This aspect of proving negligence may require expert testimony to establish a clear link between the defendant’s actions and the resulting death.
Damages
The final element of proving negligence is showing that the death resulted in actual damages. Damages in wrongful death settlements can be both economic and non-economic.
Economic damages cover quantifiable financial losses such as medical expenses, funeral expenses and lost wages. Non-economic damages, on the other hand, compensate for non-monetary losses. This includes pain and suffering, loss of companionship, and emotional distress.
These elements collectively help to paint a comprehensive picture of negligence and its repercussions. Thereby, strengthening the wrongful death claim.
Strategic Legal Planning for Wrongful Death Claims
1. Building a Strong Case
The foundation of a strong wrongful death case begins immediately after the incident. It is crucial to gather as much evidence as possible, including medical records, accident reports, and witness statements.
2. Working with a Pignatelli & Associates P.C. Attorney
A wrongful death lawyer can navigate the complexities of the legal system and provide invaluable expertise in proving negligence. They help identify liable parties, assess damages, and develop a tailored legal strategy. This, in return, increases the chances of securing a fair financial compensation or a favorable verdict in court.
3. Pre-Trial Preparations
Effective pre-trial preparations involve the discovery process, where both parties exchange information and evidence related to the case. Depositions of witnesses and experts gather detailed testimonies to support your claim. Filing pre-trial motions can address any legal issues before the trial begins, setting a strong foundation for the case.
4. Trial Tactics
If the case proceeds to trial, presenting a compelling and persuasive argument is essential. This includes meticulously presenting collected evidence, using visual aids to illustrate key points, and cross-examining the defense’s witnesses to challenge their credibility. Maintaining a clear and coherent narrative that underscores the defendant’s negligence and the resulting damages is crucial to persuading the jury.
Conclusion
Wrongful death claims require a detailed and strategic approach to prove negligence and secure justice. Doing so is the only way to prove negligence in wrongful death claims and achieve justice for surviving family members.
Here at Pignatelli & Associates P.C., we understand the profound impact of losing a loved one. Our legal team is here to help you and ensure you receive the justice and compensation you deserve.
If you need assistance with a wrongful death claim, don’t hesitate to contact and schedule a consultation today to discuss your case.
Frequently Asked Questions
Can a wrongful death claim be reopened after settlement?
Once a wrongful death claim is settled, it is typically binding and cannot be reopened. Settlements are meant to provide finality, and reopening a case is only possible under rare circumstances, such as fraud, newly discovered evidence, or a mutual agreement between the parties involved. Even in these rare instances, reopening a case usually requires a court’s approval.
Can punitive damages be awarded in Illinois wrongful death claims?
Yes, punitive damages can be awarded in Illinois wrongful death claims. As of August 2023, Illinois law allows for the recovery of punitive damages in wrongful death cases. This change was implemented to provide an additional avenue for justice, aiming to punish the defendant for particularly egregious conduct and to deter similar actions in the future.
How long does it typically take to resolve a wrongful death claim?
It can take anywhere from several months to a few years. Factors influencing the duration include the complexity of the case, the amount of evidence, whether the case goes to trial, and the willingness of parties to settle out of court. Complex cases involving multiple defendants or disputed facts can extend the timeline considerably
What is contributory negligence and how does it affect wrongful death claims in Illinois?
Contributory negligence refers to a situation where the deceased was partially at fault for their own death. In Illinois, if the deceased is found to be more than 50% responsible for the incident, their survivors cannot recover damages in a wrongful death claim. If the deceased is less than 50% at fault, the compensation awarded will be reduced in proportion to their degree of fault.
Can non-family members file a wrongful death claim?
Non-family members generally do not have the legal standing to file a wrongful death claim. However, if there is no immediate family member available, a court-appointed personal representative of the deceased’s estate can file the claim. It’s best to consult Pignatelli & Associates P.C. to understand the specific eligibility criteria and exceptions in your case.