Claims for Grief Under Wrongful Death Act

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Damages for Grief, Sorrow, and Mental Suffering

Until several years ago, next of kin could not pursue claims for grief, sorrow, or mental suffering incurred due to the loss of a loved one. They were limited to pecuniary claims based on their individual relationship with the deceased, such as loss of support, society, or guidance. The Illinois legislature revised the Wrongful Death Act in 2007 to allow for next of kin to seek damages for “grief, sorrow, and mental suffering” incurred due to the wrongful death of a loved one.

Just and Fair Compensation

The revision in the law does not explicitly permit damages for grief, sorrow, and mental suffering, but does allow for damages to be awarded that would be “a just and fair compensation with reference to the pecuniary injuries suffered resulting from death.” So what does all that mean?  It is basically stating that you will still need to distinctly define your relationship with the deceased and prove you are suffering from grief and sorrow in order to receive just and fair compensation for your emotional damage.

If you have lost a loved one due to a personal injury that resulted in death, you are likely devastated and unable to concentrate on everything that is happening, let alone understand the legal jargon associated with your claim. When it comes to grief, sorrow, and mental suffering, these emotions can be difficult to articulate, especially when conveying the message to a group of strangers in a courtroom. That is why it is so important to seek the counsel of a highly-experienced Chicago wrongful death attorney.

Experience Counts

It is highly advisable to seek out the services of a knowledgeable lawyer when someone you love has died due to a personal injury caused by someone else’s carelessness. However, when it comes to proving an intangible like sorrow, selecting an expert Chicago wrongful death attorney becomes absolutely necessary. The Wrongful Death Act now allows for damages to be awarded for grief, sorrow, and mental suffering. Nevertheless, proving these points takes legal expertise that only comes with experience.

When you call on Shea Law Group, you can feel secure in the knowledge that our legal team understands what you are going through and has the extensive experience in wrongful death cases necessary to attain the settlement you deserve. You have lost so much, do not take any chances with your financial future—call us today.

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