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Next of Kin in Wrongful Death Cases

Who Qualifies as “Next of Kin?”

Under the wrongful death Act, “next of kin” are blood relatives of the decedent who would be entitled to the decedent’s property according to intestacy. Intestacy means those who are entitled to share in the proceeds of the deceased person’s probate estate if the person dies without a will. Usually the next of kin include the spouse, children, siblings, and sometimes the parent or parents of the deceased person, depending upon the circumstances.

Wrongful Death Cases can be Complicated

Because the term “next of kin” will apply differently to members of each family, depending upon its structure, it is important to speak with a qualified wrongful death lawyer before agreeing to any type of settlement. A qualified attorney will work to ensure the settlement is large enough to provide compensation to each of the family members affected by the loss of the deceased.

Once proven, wrongful death cases remain complicated in that each individual affected by the loss of the deceased is affected in a different manner and to a varying extent. A highly-qualified wrongful death attorney will work with you and your family to ensure you are compensated fully.


Damages Allowed Under Survival Laws

The estate of the deceased may be awarded damages incurred from the time the injury took place until the time of his or her death. Damages may include an allowance for the deceased’s pain, suffering, and loss of earnings. However, if the deceased succumbed immediately due to sustaining the injury, the estate may still be entitled to collect damages for pain and suffering (if it can be proven the deceased indeed suffered), but would not be entitled to collect damages for loss of wages.

Consult with an Experienced Lawyer

It can be absolutely overwhelming to lose someone you love due to someone else’s carelessness or negligence. Just getting through everyday activities may seem impossible, let alone sorting out what needs to be done to protect your family’s financial future. That is why it is important to contact a trusted Chicago wrongful death lawyer.

By reaching out to our compassionate legal team at Shea Law Group, you can take time to grieve, knowing that our legal team understands what you are going through and has the extensive expertise to protect your family’s interests, and help to achieve the closure you deserve. Give us a call today to discuss the details of your case.