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Steps to Establish a Claim in a Wrongful Death Situation

Published on March 15th, 2014

A wrongful death is one where a person dies due to the negligence of another party. Common examples of wrongful death include medical malpractice, car accidents, or defective products or equipment that result in the death of the user. Wrongful death claims are possible in cases where the victim dies immediately or dies at a later time as a result of sustained injuries. In order to file a successful claim in Illinois, you may want to contact a Chicago wrongful death attorney who has the knowledge and experience of handling wrongful death cases.

Who Has Rights to Sue for Wrongful Death?

In most cases, anyone who was financially dependent upon the decedent is able to file a wrongful death claim. This can include a spouse, children, or even business partners that are impacted by the victim’s death. A Chicago wrongful death attorney will let you know if you have legal claim to a wrongful death suit on behalf of the victim. Other examples of people with the right to bring a claim include grandparents who may have to raise a child due to the death of a parent or a sibling who was financially dependent upon the decedent.

Filing a Claim

The most effective way to file a wrongful death claim is to consult with a Chicago wrongful death attorney before taking any legal action. An experienced attorney will be able to assess your case and determine the next best step. Once you file a claim against the defendant, you will have the burden of proof. An attorney will help you organized information, witnesses, and testimony so that you can prove that the actions of the defendant were negligent and caused the death of a loved one.

What Can a Wrongful Death Lawsuit Cover?

You can use the monetary compensation from a wrongful death lawsuit to cover future medical bills from the decedents care after the accident, funeral expenses, and punitive damages. In many wrongful death lawsuits, the compensation is meant to replace the income the deceased would have provided over the course of his or her lifetime. By using a competent Chicago wrongful death attorney, you will have a good chance of proving and winning your case. While it won’t bring your loved one back, financial compensation does provide you with a sense of security for your future.

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