A wrongful death claim is a civil action, not a criminal action. The law allows for the next-of-kin family members of victims of wrongful death to bring an action through a representative of the deceased person’s estate to collect damages on the deceased’s behalf. The next-of-kin may include the parents and siblings of a deceased minor, the parents and siblings of an unmarried deceased adult, or the spouse and children of a deceased adult. Families who have lost a loved one due to the negligence or neglect of others can suffer significant hardship and emotional distress. When these cases do occur, relatives of the victim need to know that wrongful death laws can provide some measure of relief and accountability.
The estate of the deceased may pursue damages for the deceased’s pain and suffering prior to his or her death, loss of consortium, loss of love, companionship and affection, loss of the care, guidance, and nurturing that the deceased would have provided to his or her children, loss of wages and benefits contributed by the deceased, medical, funeral and burial expenses, and the grief, sorrow and mental suffering the family has endured as a result of the loved one’s passing.
To consult with our office regarding a potential wrongful death claim, please call (312) 346-6800 or complete and submit the contact form. We urge you to contact an attorney as soon as possible, to ensure all of your rights are protected.