Wrongful Death

The death of a loved one is a terribly emotional and difficult time.  This is compounded when the death was caused by the negligence of others.  When the death is caused by someone or something else, the surviving spouse or next of kin may have a claim for wrongful death of their loved one (the decedent).

They can pursue damages for the loss of their loved one such as the loss of financial support, loss of services, loss of society (love, protection, companionship, guidance), and the grief and sorrow of the next of kin.  Illinois law sets forth who can recover these damages for the loss of a loved one.  The first class of next of kin are the surviving spouse and children.  If the decedent did not have a surviving spouse or next of kin, then other family members may make claims for wrongful death.

If the decedent incurred medical expenses as a result of the injury causing death or sustained pain and suffering before their death, then the Estate of the decedent may have claims for those damages separate from the wrongful death claim.  These claims fall under the Survival Act because those claims survive the death of the decedent.

Wrongful Death and Survival Act claims can arise as a result of motor vehicle collisions, construction accidents, premises liability accidents or any other type of claim that can result from an injury.

Sustaining the death of a loved one is difficult enough, but trying to determine and navigate through any potential claims for the next of kin or estate can be a complex process.  The attorneys at Adeszko Abate & Green have extensive experience in navigating these claims and assisting clients and are available to guide you through the process.