Normally, accident injuries are covered by the tort law concept of negligence. However, when an injury turns into a death, a plaintiff may have a whole different cause of action available. In the case of an accidental death, a plaintiff may sue the defendant for wrongful death. This type of lawsuit seeks to compensate the victim’s surviving family members for the loss of life. Wrongful death claims have a specific process that can be handled by wrongful death lawyers in Joliet.
Basic Information About Wrongful Death Claims
At the most basic level, a wrongful death claim is an action where the relatives of the decedent make a demand for economic compensation. This money is intended to help the family deal with the economic and non-economic costs related to a person’s death. The underlying reasoning is that the family should not have to bear the costs of the death when a tortfeasor is actually responsible. The theory also prevents the responsible party from avoiding liability for injuries based on the fact that the victim has died.
It’s clear that no amount of money can replace the life of a loved one. However, holding someone financially responsible helps the decedent’s family to deal with the loss. The money obtained can be used to cover medical costs, funeral expenses, bills and even for the loss of the relationship. Wrongful death lawyers in Joliet can help you determine which damages are recoverable.
THe Elements of a Case
There are certain things that need to be proven for a wrongful death claim to be valid. First, there must be an actual death. A person who is in critical condition or on life support may not be the subject of a wrongful death claim.
Next, the plaintiff must show that the defendant’s wrongful act is the cause of the victim’s death. Lawyers will also need to show that the defendant broke the applicable standard of care when he or she acted. If the defendant did not act unreasonably, he or she may assert a defense against the plaintiff’s action.
Finally, two more elements are necessary. It must be shown that the death caused the plaintiff to undergo some sort of suffering. Also, the plaintiff must have a legal right to recover money due to the victim’s death.
Wrongful death cases are complicated. Get help from Block, Klukas, Manzella & Shell, PC to see if you qualify to recover damages. See their website at blocklaw.com.