Jerseyville Wrongful Death Lawyer

Jerseyville Wrongful Death Attorney

When someone tragically passes away due to another person’s negligence, it is considered a wrongful death. When this happens, a wrongful death claim may be filed by family members who were left behind. In a wrongful death claim, a plaintiff can be awarded damages to be compensated for the losses incurred from their loved ones’ death. If you have lost a loved one to a wrongful death, bring your case to a skilled Jerseyville wrongful death lawyer.

At Joshua R. Evans, Attorney at Law, we have represented countless residents of Illinois through complex personal injury and wrongful death claims. Using our extensive knowledge of injury law, our team can provide you with superior legal counsel and representation through the most complicated wrongful death claims. We are prepared to do everything in our power to protect your rights and fight for the compensation you deserve after losing a loved one.

What Is a Wrongful Death in Illinois?

In Illinois, a wrongful death occurs when someone is killed because of another person’s negligence, wrongful actions, or other reckless behavior. Generally, if the victim could have filed a personal injury claim had they survived, then their case is likely considered a wrongful death. In essence, a wrongful death claim is a type of personal injury claim where the deceased obviously cannot file the claim for themselves, so another party steps in to file it for them.

Examples of Wrongful Death in Illinois

Wrongful death can occur from a wide range of behaviors. Many of these accidents are a result of medical malpractice, intentional acts of recklessness (such as a crime being committed), or negligent behavior. Some common examples of accidents in Jerseyville, IL, that result in wrongful death include:

• Car accidents
• Motorcycle accidents
• Semi-truck accidents
• Surgical errors, including cosmetic surgery errors
• Errors in administering anesthesia
• Defective products
• Work accidents
• Construction accident
• Emergency room negligence
• Dog bites/attacks
• Assault and battery
• Nursing home abuse

Who Can File a Wrongful Death Claim in Illinois?

In most states, a wrongful death claim can be filed by one of the deceased’s relatives, such as a spouse or parent. In Illinois, however, the claim must be filed by a personal representative, also known as an executor. Executors are given the power to manage the deceased’s assets and disperse them once they are legally able to do so. Generally, the executor assigned in a wrongful death case is the same executor that the deceased appointed in their will.

In Illinois, an executor must meet certain requirements, such as:

• You are at least 18 years old.
• You are a resident of the U.S.
• You have not served time in prison.
• You are legally sound.
• You are not disabled in a way that impacts your ability to manage your daily life.
• You do not have a history of abuse or substance addiction.

If the deceased does not have an executor, a court may appoint one. The court-appointed executor would be responsible for filing the wrongful death claim and aiding their loved ones through the process.

Damages for Wrongful Death Claims in Illinois

If the plaintiff wins a wrongful death case, they are awarded damages. Damages are the losses that affect the deceased’s estate, as well as their living loved ones. Some common types of damages awarded include:

• Expenses Incurred by Death. These can include medical and funeral expenses.
• Lost Finances the Deceased Would Have Provided. Otherwise known as lost wages, if the deceased was the primary income earner and they financially supported their family, their family could request compensation for the income they’ve lost.
• Loss of Consortium. Otherwise known as the loss of a relationship, this includes loss of companionship, bearing children, comfort, and intimacy.
• Pain and Suffering. This can include grief, mental anguish, and other emotional suffering.

Illinois does not have a cap on how much a person can claim in a wrongful death suit. However, there is a statute of limitations on wrongful death claims. Most must be filed within two years of the death.

FAQs for Wrongful Death Attorneys

Q: What Are the Damages for Wrongful Death in Jerseyville, Illinois?

A: Damages for wrongful death in Illinois include medical expenses, funeral costs, loss of benefits, pain and suffering, lost wages, and loss of consortium. There is no limit on how much the plaintiff can file in their claim. However, there is a two-year statute of limitations on wrongful death claims. This means you only have two years to request damages before you lose your right to do so.

Q: Who Are the Beneficiaries of Wrongful Death in Illinois?

A: In Illinois, the beneficiaries of a wrongful death claim are either spouses or next of kin. Next of kin can be children, parents, and/or siblings. While family members are the legal beneficiaries, they are not the ones who get to automatically file the claim unless they are named the deceased person’s representative. Instead, one will likely be appointed for them to make the wrongful death claim.

Q: How Much Can You Recover After a Wrongful Death in Jerseyville, IL?

A: There is no set cap on the amount someone can be awarded in a wrongful death claim. This is because a collection of factors is considered when determining the amount. The court will take into consideration the occupation and age of the deceased, the severity of the accident, the level of negligence involved, the impact on the victim’s family, and more.

Q: Who Is the Next of Kin in Illinois Wrongful Death?

A: In Illinois, damages awarded during a wrongful death claim will go to a spouse. After a spouse, or if the person was not married, it will go to the next of kin. The term “next of kin” refers to the victim’s closest living blood relative. This could include children, parents, siblings, grandparents, and more.

Your Jerseyville Wrongful Death Lawyer – Law Firm Illinois

Dealing with the death of a loved one is never easy, especially when it is caused by the negligence of someone else. At Joshua R. Evans, Attorney at Law, we can help handle the legal side of your claim so you can have more time to focus on personal matters. We understand just how complex a wrongful death claim may be and are ready to represent you and advocate for your interests throughout the process.

Contact our law firm to schedule a consultation and learn more about wrongful death claims in Jerseyville.