What is a Wrongful Death Action?
A wrongful death lawsuit is filed when the death of an individual is due to a personal injury caused by the carelessness or negligence of another party. This type of suit is filed by the estate on behalf of the beneficiaries who are most affected by the loss of the deceased person.
Wrongful Death Damages
Wrongful death damages are awarded to the deceased’s beneficiaries. They usually include the spouse and minor children of the deceased, as well as other dependent relatives who received financial support from the deceased. The spouse will usually be awarded support through the deceased’s presumed age of retirement (usually 65). Support for minor children will be awarded through at least the age of 18, and often through their years spent in college if it is proven the deceased planned on contributing to their college expenses.
Spouses may also be entitled to collect damages for loss of consortium and children may be able to collect due to loss of nurture and guidance. For other family members, including adult children, parents, and siblings they will have to prove to what extent the deceased person provided for their support, in order to collect damages.
Funeral and burial expenses will also be awarded to the estate, although these are sometimes awarded under survival damages. The estate may also be awarded damages for the deceased’s pain and suffering, as well as loss of earnings if the deceased person did not die immediately as a result of the injury. The estate may still be able to collect for pain and suffering if the deceased died immediately and it can be proven that pain and suffering did indeed occur, but not loss of wages.
Consult with an Experienced Personal Injury Lawyer – Rockford, IL
The loss of someone you love is almost unbearable; losing them due to someone else’s negligence or careless behavior only makes it that much worse. Protecting your family’s financial future may be the last thing on your mind – especially when you find it almost impossible to simply deal with day to day activities. That is why it is so important to work with a trusted personal injury lawyer. Rockford IL is the home to American Law Firm where our dedicated legal team has the expertise you need to ensure your family’s future is protected.
When you call us, you can relax knowing that our legal team understands what you are going through and is ready to help. Give us a call today.
