Illinois Wrongful Death Lawyers
Hospitals
We trust doctors, nurses, and hospitals to provide quality, timely and meticulous medical care. Unfortunately, healthcare professionals sometimes deviate from the standard of care required. For example, mistakes in evaluating a patient's condition, administering anesthesia, or failing to give the correct dosages of medication cause thousands of wrongful deaths each year. Unfortunately for victims, medical errors are difficult and costly to prove, and require an extensive effort on the part of the attorneys.
Wrongful death cases arise from a variety of circumstances including vehicle crashes, medical malpractice, dangerous or defective products, nursing home abuse, workplace and job-related mishaps, and construction site accidents. Whatever the cause, Salvi, Schostok & Pritchard P.C. is here to help.
All states authorize surviving family members to be compensated for both economic and non-economic losses, including loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society. Some states also allow surviving family members to be compensated for their personal grief and suffering. Who is entitled to sue and the damages that can be sought vary from state to state and are controlled by written statutes.
In the state of Illinois , the Wrongful Death Act creates a cause of action in the name of the personal representative of the estate of the decedent for the benefit of the next of kin. Next of kin may include the widow, surviving children, parents or siblings of the decedent. The claims cover “pecuniary injuries” – loss of companionship, mental anguish, and potential financial contributions of the deceased. Surviving children may recover damages for the loss of instruction, moral training and education they would have received had the parent lived.
In Illinois , it is also possible to recover for the wrongful death of an unborn child if the fetus was viable at the time of the negligent act. The presumption of the parents' loss and injury extends to a stillborn child.
In addition, the Illinois Survival Statute allows next of kin to recover damages for the pain and suffering of the decedent from the time of injury until the time of death. These damages are allowed only if it can be proven the decedent suffered. In cases where death is instantaneous, or when the decedent is rendered immediately unconscious or comatose, damages are not recoverable.
In all wrongful death cases, negligence must be proven. The attorneys of Salvi, Schostok & Pritchard P.C. know how to help clients prove the four critical components of negligence that must exist in their claim:
- the defendant had a duty to the deceased,
- the defendant failed in that duty (breach of duty),
- that the fatality was caused by the defendant's breach of duty, and
- that the survivors are entitled to damages as a result of the loss of their loved one.
The amount of damages awarded will depend on the plaintiff's relationship to the deceased.
Every state has its own “statute of limitation”, which is the maximum allowable time in which to file a lawsuit. After this time a claim may be denied. In Illinois , a wrongful death action must be filed within two years of the date of death. Under certain circumstances the “statute of limitation,” or “notice provision,” can be significantly less than two years, so a lawyer should be consulted immediately on this issue.
The attorneys of Salvi, Schostok & Pritchard P.C. understand what constitutes a wrongful death case and have successfully represented clients in similar matters. If you feel a loved one has been the victim of wrongful death, please contact us today for a free, no obligation consultation. Salvi, Schostok & Pritchard P.C. handles wrongful death cases in Wisconsin and Illinois.
